Art Law Basics -part 1

Preface:

Today I came across a situation where some people wanted to print and sell some T-shirts with a logo on it, thinking that it was perfectly fine.  However, is it? 

Two years as part of my Professional Practice course for my Bachelor of Fine Arts, I was required to blog about certain lectures such as the place of art within the law.  Inspired by the above situation, i’m going to re-blog my original articles for anyone wanting to know more about art and the law.


Art Law Basics -part 1

Originally Posted 22/04/2013

 Art and the Law?

<== Copyright: Am I even allowed to use this picture??

This week’s Professional Practice lecture was a bit special and was attended by the fine arts and design students on how consider the legal side of their practices, which was presented by Robyn Ayres from Arts Law. Arts Law is an organisation based in Sydney who gives advice to artists based on legal and business issues.

The first issue discussed was on Intellectual Property and copyright.

Copyright:

  • Is automatic and doesn’t need to be registered
  • © symbol acts as a warning to other people
  • When written “©Name of work, owner, date
  • Gives limited rights to creators over a limit of time – all their life and 70+ years after death (in Australia)
  • Can’t copyright thoughts, concepts or ideas, only the physical work or product
  • Can be owned by one person or by multiple owners
  • If employed, copyright goes to the company, not the individual
  • If you sell work, the copyright is still retained by the artist, unless stated otherwise
  • Copyright can be exchanged via a contract
  • Can give others permission to use copyrighted material with a licence.
  • Permission includes: copying, re-producing and using pieces of the work
Then we talked about Intellectual Property and it’s relationship to the internet and that having a website incorporates many opportunities and risks.  Websites can’t be copyrighted as a whole, but is broken down in to pieces such as pictures, text, animations/ film, music and computer programming (which is also included as text).
Advantages of a personal website:
  • Personal space on the web
  • can have an online presence
  • retain control
  • can customize your space and features
  • can show up on search results
Disadvantages of a personal website:
  • Cost to run it
  • need technical knowledge to build it
  • Needs to maintain it and keep it up to date
Advantages of using social websites:
  • Be able to connect to people via the social network
  • Find people with similar interests and connect/ build communities
  • easier to use compared to building your own website
  • can share and promote your ideas and works 
Disadvantages of using social websites:
  • Loss of control
  • Privacy issues
  • Signing over certain rights when entering a contract (terms and conditions)
  • Lack of customization
  • losing yourself as an individual within a large community 
Terms and Conditions offered by social networking websites:
  • Terms and conditions is a contract
  • Every website as a different set of terms and conditions
  • They are in accordance with the law.  Bigger companies often abide by US laws as opposed to Aus laws.
  • What permission are you granting them?
  • How will your work be used?
  • Policy infringement and the consequences
  • You’re responsible for your own copyright

Tips:

  • Online infringement is easy, so look out for it.
  • Use the © symbol on your works
  • Some features enable you to disable the right click so people can’t save your images
  • Stream V.S download when you have videos
  • Upload low resolution images of your work
  • Watermark your images
To be continued in part 2…

4 thoughts on “Art Law Basics -part 1

  1. Pingback: Art Law Basics – Part 2 | Jessica McLeod-Yu

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