Copyrights & Legal// All your Questions regarding copyrights & legal

Copyright gives you exclusive rights to an item, including the right to reproduce and sell it, and to make derivative works from it as well as the right to display the copyrighted work in public (internet).

There is no such thing as international copyright that will protect your rights in every country. Each has their own laws and agreements with other nations regarding copyright. The information given in this copyright FAQ for artists is based on US copyright law, but the principles are similar in other countries.

No, though it does make it very clear for people unfamiliar with copyright law. To prevent the defense of "innocent infringement", use the copyright symbol, date of creation, your name, and if you want, the words "all rights reserved". You don't have to be registered with the US Copyright Office to use the copyright notice.

The belief that changing 10 percent of an image means you've created a new one is a myth (as is changing 20 percent or 30 percent). The fair use guideline is that you can use 10 percent of something.

It's certainly not a legal test, but as a rule of thumb consider whether, if your design were put next to the origional you're copying, would someone say you'd based it on the original? If so, you're risking copyright infringement. Don't fool yourself with this 10 percent change myth.

Artists are not explicitly covered by fair use. In terms of sections 106 and 106A of US copyright law, "the fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching, ... scholarship, or research, is not an infringement of copyright".

None of these cover the copying of a painting to practise painting techniques or for showing your painting skill. The factors used to determine whether "the use made of a work in any particular case is a far use" are:

1. (1) the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. (2) the nature of the copyrighted work;
3. (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. (4) the effect of the use upon the potential market for or value of the copyrighted work."

Because the law in the US changed, it depends on when the work was originally created. Works created after 1 January 1978 are protected for the creator's lifetime plus 70 years after death; before this is was for less than 30 years, but could be extended.

The US Copyright Office will, for a fee, do a search to see if something is copyrighted.

Don't make assumptions based on quick calculations from the time of someone's death; copyright may have been extended (the classic example here is the Peter Pan book).

Material on which the copyright has expired is said to be 'in the public domain'. Never assume that something is out of copyright simply because it is old; copyright may have been renewed.

According to the intellectual property lawyer Ivan Hoffman: "if a work was published on or before December 31, 1922, then it is likely to be in the public domain. But you should never rely solely on this date alone since there may be other factors to consider."

Unless you expressly sign over copyright to the person who's commissioned the work or it was done as work for hire, copyright remains yours. Owning the actual design is not the same as owning copyright. However CES does reverve the right to images and/or links in our portfolio as past work.

Under US law, if you are employed by a company as an artist, copyright in your work belongs to your employer, not you, unless you have signed an agreement to the contrary. This is because you are 'working for hire'.

If you are a freelance artist, the situation is reversed. Copyright remains yours, unless the company which commissions you gets you to sign over copyright or sign a 'work for hire' agreement.

Don't send me hate email for not looking out for the 'little guy', but I believe that unless you're a wealthy, successful business, it'll probably cost you more than you'd get from suing for copyright infringement, but that's not to say you shouldn't try. Consult a copyright lawyer to see what your options are (just remember to ask what their hourly rates are beforehand), approach the company/individual(s) involved, and consider your choices in the situation.

If someone has copied material/photos from your website, start by writing to them pointing out exactly what items have been used without your permission and ask them to be removed. If they refuse, write to their internet service provider, providing a list of the URLs where the material is (on the offending site and on yours), asking for it to be removed.

If you want people to be able to use some of your material, or in specific ways only (such as non-commercial or no derivatives), investigate the Creative Commons range of copyright licenses which sets it out in clear, unambiguous language.