Copyright, Copyrights and more copyrights! 
               (Copyright’s for artists on the web and off) 
               By Madeleine Jacobs 

               We are a society that prides ourselves on creative ideas, original works,  and hard work, to name a few. As individuals, nothing gives us greater satisfaction than to create something from our own hands to share with  others. And nothing gives an artist greater satisfaction than to create  something with brush or pen that will be hung in someone’s private collection or gallery. But what if you got the idea from someone else…….? 

                  Copyright issues are a concern more than ever today with the advent of the internet and the relative ease of stealing someone else’s work or idea. We’ve probably all done it at one time or the other, innocently enough, until the hue and cry of ‘Cyber Thief!” has raised some questions and serious concerns. What is a copyright exactly? Basically it’s the legal  exclusive right of the author of a creative piece of work to control the copying of that work. The issue was brought up to me by some
subscribers that had bought some self-study e-classes/e-patterns. Once
finished with the painting, they wanted to know if they could fix their  name to the bottom of the completed painting. Since my site is primarily  about teaching and allowing students to learn the how-to’s of painting,  all e-classes are theirs to sign their name to unless otherwise stated.  Why? Because I’ve given permission to do so. However, because of  existing copyright laws, all text within an e-class may not be copied.  Classes themselves may not be reprinted and distributed without permission other than for the use originally intended, which is for the sole  purpose of the buyer of the e-class. 
                 The more I dug into this issue, the more I discovered. I honestly believe  that most of us that use articles, artwork or ideas from others are doing so innocently without the complete understanding of what a copyright is  and how it actually works. Here are some of the basics that will help you understand what copyrights are, how the laws read and how you can keep yourself from possible lawsuits. 
               1. You cannot copyright an idea! I’m sure you’ve had a great idea that  you had mentioned to someone and at a later date, you saw this same idea implemented into a pattern, a painting or a song. Simply put, someone took your idea and ran with it. It may aggravate you to no end,  but you have no legal leg to stand on. 
               2. If you don’t see a copyright symbol or copyright listing anywhere,  then it’s not copyrighted. Not so. In the U.S, any original and private work created after April 1, 1989 is automatically copyrighted whether it bears a copyright symbol or not. This also includes photos! If published,  they are automatically copyrighted and shouldn’t be posted to the web or  other media unless you have been granted permission. The correct form  to use would be “Copyrighted by (Dates published and or printed) by (your name). 
               3. It came in my email so I can use if it I like. Your email, what you actually write yourself, is copyrighted material but actual email is not. (Confusing, isn’t it?)  You can report on what you receive, quote excerpts  from your email but not post any published photos or artwork. For  instance, the work on the Subscriber’s show and tell page
               (http://www.armchairpaintclasses.com/show-and-tell) was put together  only with the permission of the individual artists. I received their works in my email but have no legal right to publish them without their
permission! Each one of these works is a copyrighted piece. Email itself is just something people keep to themselves as a courtesy (hopefully!) but should it be published, it’s unlikely that anyone would receive financial compensation for damages resulting in it’s publication as there is no actual value in it. 
               4. Using someone’s work isn’t a crime is it? Very recently the
               commercial copyright laws have turned into a felony the illegal copying and distribution of over 10 copies, cost of over $2500, or both. So, it’s very possible that you can be liable for charges. 
               5. When in doubt, ask; when in doubt, don’t use it! That should speak for itself but it’s also not always the end of the matter, either. I recently contacted a website that had a lovely little graphic of some florals I  wanted to paint. With her permission, I snagged the graphic but began to have some doubts as to where she had picked it up. More than likely, it’s from someone’s work and had floated around the net so long that no name is being attached to it. Often, when this is the case, it’s assumed over time that it is yours to do with as you please. If you’re just not sure, don’t do it. 
               6. The use of material for comparisons or 'Fair Use' . This one struck me as weird….you can use material if you are making comparisons; for  example if you are complaining about the local paper, you can use some information for the criticism or for a parody of the same person/group etc. I’m not absolutely sure, but I believe you have to prove your intent to parody or compare. 
               7. If a person doesn’t charge for the purloined or plagiarized item, copyright issues don’t apply.  Nope! Wrong here!  A work is copyrighted from the moment of its creation such as this article.  In court, the only  difference it might make to the damages awarded the original artist due to your copying is whether you charge for your illegal copies or not. It won’t make a difference in getting charged with plagiarizing and using those illegal copies though! 
               8. Digital Millennium Copyright Act This new law has changed the face of the net somewhat due to the copious theft of work on the internet. Over time, someone finally heard the outraged voices of artists, authors, webmasters and others everywhere. A bit difficult to wade through, you can read about the Digital Copyright Laws here http://www.eff.org/ip/DMCA/hr2281_dmca_law_19981020_pl105-304.html 

               9. What if it’s public domain? I can use it then, can’t I?  Well…..usually nothing modern is in the public domain unless the author or artist PUTS it  there. That’s unlikely to happen. To use works that you believe may be in  the public domain, you should get a personal signed copy of a statement  specifically stating that the works in question are public domain. Don’t assume that they are. Copyrights CAN expire after long periods of time,  especially concerning previous, older copyright laws. But again, it’s not to your advantage to make that assumption. This usually covers many older  works. An example of an older work that might be assumed to be in public domain but actually hits the gray area would be a Picasso. Though much older than work being printed today, it is still not available for  copying and reprinting for profit to the general public. However, photos  used in schoolbook texts using Picasso as an example are used with  permission.   To make a long story short, here are the main points of this article.   A work is copyrighted as soon as pen hits paper, brush hits canvas. It’s yours. 

               Copyright law, so far, is mostly just civil law and much of what you hear doesn’t apply in a true court of law. Or it hasn’t so far to criminal
defendants. However, so much is changing that you shouldn’t make the assumption the laws are not changing with it! Many may find themselves moving into a whole new ballpark…the criminal realm. 

               The ‘fair use’ section of copyright laws governing how we use material for parody etc is very complex and confusing. Err on the safe side and ask  yourself why you are using what you are using for posting and
               republishing. Ask yourself why you cannot write or paint these things using your own skills, techniques, talents and ideas. 

               Copyright infringements are not affected by distribution of fee or free. It’s still an infringement. The only thing affected by fee or free are the damages you may have to pay the original author in court. 

                   This really is the tip of the confusing iceberg but it serves to make us all aware of what’s really going on in our complex and changing world.  Ask before you grab, get a permission slip first. And now, for  a bit of   tongue in cheek….my copyright below! 

               (This article is protected by U.S and international Copyright laws and is the copyrighted property of Madeleine Jacobs, March 24, 2002)