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THE HAND BOOK
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COPY
RIGHT THE HANDBOOK
CONTENT
5 THINGS TO DO TO PROTECT YOUR WORK
1. COPYRIGHT 2. SIGN IT 3. FILE IT 4. DATE IT 5. STATE IT 5 THINGS TO DO IF YOUR WORK HAS BEEN RIPPED OFF
3. QUOTE IT
1. MAKE CONTACT 4. LAWYER UP 2. PROVE IT
5. DEMAND IT
ART IS THEFT
PABLO PICASSO
KEY: PINK WORDS - IMPORTANT WORDS TO CONSIDER - LINKS TO WEBSITES
5 THINGS TO DO TO PROTECT YOUR WORK
1
COPY
RIGHT
UNDERSTANDING YOUR RIGHTS Copyright can be quite a complicated subject to get your head round, but very simply it's exactly what it says. It is the right to copy something. Copyright is created as soon as a person puts a pencil to paper. Anyone who takes a photograph, writes a letter, or paints a picture (regardless of its quality) automatically owns the copyright in that work, provided it is the original. You must have created the work, and not have made a copy of someone else's.
WHAT IT WON'T HELP WITH There is no copyright in an idea, only in the form the idea takes. If you have a great idea for a new piece of work and discuss it with someone, whether it be in person or via email, and that person copies your idea, but renders it in their own style, they will not be infringing your copyright. Ideas and styles are not copyrightable, as long as someone doesn't use any of your elements, drawings, photographs etc, in their work. It sounds particularly unfair to many designers and illustrators whose 'style' is very personal and a very important unique selling point, but if they can prove they have never seen your work, and similarity just happened by chance, copyright can not help.
INFRINGEMENT The line between whether something is or is not an infringement is often fuzzy. It usually depends on the facts of the case, but the basic test to find out if you have an infringer on your case is that if you take a substantial part of someone else's work and use it in your own, then that will be an infringement. A substantial part usually counts as something very unique and characteristic about the work.
CRIMINAL LAW Since copyright is a property, infringement of copyright is theft, and can be prosecuted under criminal law. The punishments for copyright infringement can be very serious, a client may look for compensation if they themselves are effected financially from the infringement, you could find yourselves with a law suit against you.
PENALTIES As the damaged person, the copyright owner can be expected to be awarded a set sum based on the amount he/she would have paid for the copyright liscence. In addition, the court may award an extra sum for 'flagrancy', if the infringer copied the work knowingly. Also the court may award an injuction to prevent the infringer from making any further profit, the infringer has to pay over any profit they have made from the work. The most powerful summon of all could be an order of 'delivery up' of the infringing copies for destruction.
2
1.
SIGN YOUR WORK.
2.
MAKE IT LEGIBLE.
THE IMPORTANCE OF A SIGNATURE Signing your work is a fundamental part of the creative process. The instant you apply your name to a piece of your work, you declare that work officially complete and ready for public exposure. No matter what your signature looks like, what form it takes or where you put it, no work is complete without one. Your signature identifies your work being created for all time, completed, and approved of by you and you only. When someone views your work for the first time and wants to know who created it, your signature helps the viewer identify who you are. Too often work is being discarded as no-one knows who created it. Signatures are either too difficult to read or there isn't a signature on the work at all. People need to be able to read your signature, so if you don't want it scribbled across the front, place it on the back, but it is imperative that there is one on the work for identification.
ADDITIONAL POINTERS FOR SIGNING WORK 1.
Work with initials, monograms and symbols often meet similar situations of illegabilty. Clearly sign your work to identify yourself as the creator.
2.
Sign your work in the same medium in which it was created. If you don't, you increase the chances of someone questioning if the work was actually done by you.
3. Another
option to signing your work in the common place (bottom right corner) hiding your signature within the work or branding your work will decrease the chances of it being stolen, because only you know where you hid it.
4. Try and sign your work all in the same way. Signatures should be consistant with your style, placement and other particulars. That way people are familiar with your type of identification.
5. If you make works on paper, you may be interested in using an embossing stamp or even a fingerprint. A piece of work with this kind of identification is more difficult to replicate or forge.
6. Sign your work as soon as its completed, preferably whilst the work is still wet if paint, or pliable like clay. Embedded signatures are the hardest to to forge or duplicate.
7. Your signature should not be too bold or overbearing that it distracts the purpose of the work, unless it's intended.
SIGNATURES SHOULD LIVE WITHIN THE ART.
USING WATERMARKS Watermarks may look nasty and cover up your lovely hard work, but watermarking your work may save you from a future heartbreak.
1. Putting a watermark on your work makes it very clear to the whoever you send it to that you are the owner of the work and you own the copyright.
2. A watermark over a piece of work will greatly deter anyone looking to reuse it.
3. Using a URL or the copyright symbol over your work would
suffice, it isn't a legal obligation, but it is better to be safe then sorry.
3
LET'S GET
PHYSICAL DIGITAL
FILING YOUR WORK Keeping organised and in order could be deemed time consuming or a chore to some people, but simple tips and tricks to saving your work in a logistical manner could save you from a lot of hassle in the future. Physical work such as paintings, prints and ceramics, as well as being signed and dated, should be documented. As soon as the work is completed it should be photographed or scanned and recorded. For if you sell the original or make prints of your work, you should keep a record of the original piece and when it was completed, for less chance of someone duplicating your copies. All original digital files should also be kept and organised. Creating a folder of all your original digital files is crucial, if you are working with a client, exhibiting work on an online portfolio or wishing to sell your work , keeping the original files will be vital if you ever have to prove the work is yours. Keeping digital work filed on your computer is great, but for additional safety, keep your work filed and dated on an external hard-drive or USB stick and put it in a place were it won't get lost. There are also online services which let you upload and save your work to a database, for a monthly fee, that store your work securely.
4
MAKE IT A DATE
THE IMPORTANCE OF DATING YOUR WORK You may not think dating your work is as important in this generation, but after you have been creating work for over a decade, you will understand why. If you don't want to date your work on the front, subtley date it on the back, or even on the edge. Dating your work reduces anyone having to guess when it was completed, when selling your work on or if the work is involved in a court case, the date is very important to add certainty of ownership. The better known you become, the more important dates on your work are for anyone interested in the evolution of you as a designer/illustrator. As well as physically dating your work, keeping an online record of the dates of your work can also reduce any guessing and trouble with proving you are the owner of that piece of work. Over the past few years there have been a rise in online verification services, much like the filing services, they enable users to upload work to an online database, which is kept, date-stamped and secure for a monthly fee. It is the digital version of posting your work to yourself or keeping your original pieces of work in a safe. Additionally to your written date, log the dates when finally filing your work.
5
ENSURE YOU OWN YOUR WORK Whether you are producing work for yourself or for a client, you should always make it clear that you created it from the very start of the project. A simple tip for proving you were the one who created the artwork is to document each stage of the development. Photograph, scan or video your progress, for if you find yourself in a situation were you have to prove your the owner of the artwork, you have evidence of the original production. When working with a client you must state from the beginning that you are creating all original work. Depending on your arrangement with the client, they can buy a licence to use and reproduce your work, but unless otherwise agreed by you, and payment has been made by the client, any work created for the client is copyrighted.
You own the copyright unless stated.
TERMS & CONDITIONS When creating an invoice or contract for a client or sending a business email, your terms and conditions need to be stated in some way. Terms and conditions are simply a contracting agreement stating user rights, rules and responsibilities. Anyone who breaches your terms and conditions gives you the right to discharge the contract, and issue a law suit.
CREATING YOUR TERMS & CONDITIONS INTRODUCTION - This is were you make the sweeping statement of what can and can't be used. For example, 'These terms and conditions of use administer your use of my work; by using my work, you accept these terms and conditions of use in full. If you disagree with these terms and conditions of use or any part of these terms and conditions of use, you must not use my work. Unless otherwise stated, I own the intellectual property rights for my work, and all these intellectual property rights are reserved.' ACCEPTABLE USE &RESTRICTIONS - You must state in the contract or invoice exactly what the client can and can't use your work for. Whether it's just for use online or on packaging, you must make it clear what your work can be used for, if not, the client will assume full reign of your work.
EXCLUSION OF THIRD PARTY - You may or may not wish to include a third party notice, but if you do not want anyone other then the person you are issuing your terms and conditions to use your work, you may want to include something like this, 'These terms and conditions of use are for the benefit of you and me/us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions of use is not subject to the consent or use of any third party'. PAYMENT- When payment is agreed with a client this is also a term that must be adhered to. The payment total and payment date must be stated on any contract or invoice instructing the client, for example 'Invoices are payable upon receipt. Exclusive copyright of these materials is reserved by Thomas Smith, upon payment of all fees and costs, Client is granted the right to use the designs contained in these materials as per project contract or as specified in writing only. All other rights remain the exlusive property of Thomas Smith'. TRADEMARK - Adding a copyright trademark at the end of your terms and conditions will inforce that you own all the rights to your work, for example, Š2014 Amy Jones. All rights reserved.
5 THINGS TO DO IF YOU HAVE BEEN RIPPED OFF
1
MAKE THE FIRST MOVE If you notice or are informed that your work is being used by a company or has appeared on a website without your permission, the first thing to do is to make the company or site aware of the infringement. Making contact can be quite daunting but there are some easy steps to take to ensure you get the infringer to take down your work.
1.
Clearly identify yourself and/or your company, including contact information, name, address, phone number and email address. They have no excuse not to get back to you then.
2. If possible, attach your signature, whether its an electronic or scanned version, your signature shows validation of your identification.
3. Identify your work that has been copied and link them to your website, or portfolio.
4. Identify the violating work on their site, be as clear as possible by describing the infringing work and how they have used it and a direct link to the work on their site.
5. State your terms and conditions and copyrights, you are letting the infringer aware you know what you are talking about.
6. You must ask for the infringer to provide their full contact information, who
is in charge of stealing/using your work and a notification by response when they have complied.
THE IMPORTANCE OF LINKS Linking the infringer to your oringinal piece of work is very important, especially if the case is taken to court. A direct link to your website or portfolio site, photographs or videos, if possible, is a vital first step in making the infringer aware of you and your work. You have to make it as clear and easy as possible for them to see you created your work, and that you have valid evidence. You should also make sure you have the correct link to the violating work on their site, a description of the name it's under and how they have used it or the placement of it if reproduced on a product or garment for example.
USE YOUR SOCIAL NETWORKING SITES Social networking sites have proven to be both fantastic and a complete nuscence when posting and promoting your work. In cases were you find yourself being ignored by the infringer, exposing them through social networking sites can be quite effective. Public image is very important to any company, so if their customers find out they are playing dirty, they could lose alot of credibility. Hashtags are a great simple way of searching for a common topic, image or subject matter. If you hashtag on twitter, for example #theft, you will find lots of tweets about theft. When making a statement about someone stealing your work on social networking sites just adding a hashtag can help widen the audience viewing your post. Directly linking the company's or person's social networking account name means that anyone who searches for them will see posts about them, ultimately coming across your post. When finally making your statement about the theft online, your post would benefit from you possibly supplying or linking a picture of your work and the copied work for public viewing, Do bear in mind that publically exposing a suspected infringer can come back to bite you, so you need to make sure that you are completely confident that your claim is valid to avoid any counter-action for slander.
2
WHAT'S YOUR PROOF? Once the contact has been made with the infringer and you have a response, you will most certainly have to prove you are the owner of the work. This is when filing and dating your orginal files comes in handy, knowing you have the original files, proof of date of creation or other ownership, makes any direct legal challange plain and safe. If you have registered your work to an online datebase, stating and linking the infringer with this information will improve demonstrating the evidence of your ownership. Proving that you know your rights will also put you in a good position when proving you own your work. But regardless of whether your work is officially copyrighted or registered, the Digital Millennium Copyright Act (DMCA) lays out the principles for proof of ownership. Finally, any other documentation that will help prove you are the owner such as videos of you making the work, certificates or awards backing up you created the work will be more then enough to help your case.
3
THE DMCA If your initial appeal for a removal of your work is ignored, prove that you know what you are talking about and quote the DMCA. The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and circulation of technology, devices, or services intended to overcome measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of overcoming an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet
This act was introduced to make it illegal to copy others work in a digital format. It not only covers online protection but also software, programs, video games, DVDs and other electronically transmitted material. Although created in the USA it covers the World Intellectual Property Organisation treaties, so all hosting and online companies must adhere to it all over the world. Having a good knowledge of both the copyright law and the DMCA will put you in a much better position when quoting the facts to a company or person who have stolen your work and are completely unaware of the law.
4
LAW
GET THE LAWYERS IN If you have run out of options, then it's time to get the lawyers in. You need to find someone who is knowledgable in multimedia and creative copyright laws, and preferably affordable. Prepare all of your proof and request a quote for a consultation. Then by the end of your meeting you should have a clear idea of how successful you will be in your case and how much it will cost . If you are a student, most universities have their own legal team which you could contact to help you out. If money is a problem, there are some very good lawyer advice websites or even volenteer lawyer sites that will give you free advice and representation. If you are a member of any design/illustration organisations like for example, the AOI (Association Of Illustrators), they offer full support with protecting your rights with legal advice from the British Copyright Council, the Creators Rights Alliance and the European Illustrators Forum. For an annual/monthly fee a membership with an organisation, like the AOI, could secure you help whenever you need it. The key is to be as prepared as possible, do your research, make sure you have a valid case with proof, this will reduce the amount of money you may have to spend on consultations etc.
5
LIST YOUR DEMANDS If you have discovered your work is being used commercially, for the financial benefit of someone else without your permission, earning money of which you are entitled a share of, then you should take action, make contact and list your demands. When contacting the infringer you will issue what is called a 'Take Down Notice', ordering the infringer to remove all content belonging to you. The primary action of issuing the notice is for the infringer to stop using your work and remove it from their site. A 'Buy-Out Fee' is the second action, if needed, asking the infringer to buy the rights to use your work or ask for a percentage of the sales and/or any profit they have made from selling your work. Make sure the price you quote to the company is valid and not calculated by greed, but by fact, you know how long and how much it took to create your work, get the figures right and you will have a plausible case. If you have legal representation they will help you draw up a list of demands suitable for your case. The DMCA and the Electronic Commerce Directive were enforced by US and European law, as part of the process of take down notices, to protect anyone effected by any online 'illegal activity or information'.
SUPPORT WEBSITE LINKS
WEBSITE LINKS FOR ONLINE FILING & DATING www.aiega.org www.civolution.com www.dacs.org.uk www.icreateditfirst.com www.protectmywork.com
FOR PROVING YOUR RIGHTS www.aiga.org www.britishdesigninnovation.org www.copyrightservice.co.uk www.designcouncil.org.uk www.dmca.com www.graphicartistguild.org
FOR FINDING A LAWYER www.theaoi.com www.artbusiness.com www.dandad.org www.vlany.org
FOR BEING USEFUL www.creativesandbusiness.com www.teneric.co.uk www.tineye.com
PROTECT YOUR WORK
COPY RIGHT