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Copyright Infringement in Fine Arts Classes
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Copyright Infringement in Fine Arts Classes

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I presented a brief educational overview of copyright law and its application in fine arts courses during a student/faculty workshop in July 2011 dedicated to prevention of plagiarism and copyright ...

I presented a brief educational overview of copyright law and its application in fine arts courses during a student/faculty workshop in July 2011 dedicated to prevention of plagiarism and copyright infringement in college work. This is the portion dealing with copyright law and means of detection/prevention. Many misconceptions among students and even faculty exist about "fair use," which is covered in this presentation.

This file has been made available for use by those educators who wish to address this issue in their classes.

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Copyright Infringement in Fine Arts Classes Copyright Infringement in Fine Arts Classes Presentation Transcript

  • Copyright Infringement in Fine Arts ClassesA Brief Educational Overview for Students and Instructors
  • Reproductions and Derivative works• Reproduction: a copy• Derivative work: • Based on one or more preexisting works • takes many forms, but includes such common occurrences as a making a collage or creating a drawing that is based on a photograph in visual art or of sampling/remixing musical compositions• Who may make a reproduction or derivative work? • the copyright owner of the original work or someone he/she gives consent • exceptions given for “fair use”
  • Fair UseWhat the U.S. Copyright Law states: § 107 · Limitations on exclusive rights: Fair useNotwithstanding the provisions of sections 106 and 106A, the fairuse of a copyrighted work, including such use byreproduction in copies or phonorecords or by any other meansspecified by that section, for purposes such ascriticism, comment, news reporting, teaching (includingmultiple copies for classroom use), scholarship, orresearch, is not an infringement of copyright.
  • Fair UseIn determining whether the use made of a work in anyparticular case is a fair use the factors to be consideredshall include—(1) the purpose and character of the use, includingwhether such use is of a commercial nature or is fornonprofit educational purposes;(2) the nature of the copyrighted work;
  • Fair Use(3) the amount and substantiality of the portion used inrelation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market foror value of the copyrighted work.The fact that a work is unpublished shall not itself bar a finding offair use if such finding is made upon consideration of all the abovefactors.
  • Myths1. Attributing the source• Doing so avoids plagiarism, but not copyright infringement.2. “My teacher said I could, so it must be okay.”• Under fair use, you may be told to copy a small portion of a copyrighted work for instructional purposes, such as to learn a technique or about a certain style.• This does not mean the reproduced or derivative work is a student’s original work and should not be displayed or attributed as such. Once such a work is exhibited publicly in an art show, etc., its nature changes from educational to commercial, thus breaking copyright law.
  • Myths3. Changing or using only X% (10, 50, 70, etc.) of a copyrighted work• There is no set percentage of transformation in derivative work that makes copying okay.• Substantiality—what importance does the copied portion hold to the original, copyrighted work? • Can a “reasonable person” see a comparison between works? The three following slides are examples of originals alongside derivative works. Can you see the similarities between them?
  • Leonardo da Vinci. Mona Lisa. Oilon wood . 1503-06. Marcel Duchamp. L.H.O.O.Q. Reproduction and pencil. 1919.
  • Sandro Botticelli, The Birth of Venus, c. 1485. Tempera on canvas.Alain Jacquet, Camouflage Botticelli (Birth of Venus), 1963–64. Oil on canvas.Modern Art Museum of Fort Worth.Photo taken (with permission) by KC Jenkins
  • Diego Velazquez. Las Meninas.1656. Oil on canvas.
  • Pablo Picasso. Las Meninas(after Vazquez). 1957. Oil oncanvas. Diego Velazquez. Las Meninas. 1656. Oil on canvas.
  • Joan Miro. Carnival of Harlequin. 1924-25. Oil on canvas.Diego Velazquez. Las Meninas.1656. Oil on canvas.
  • Methods and Tools To deter infringement:• Students: • Gain permission from the copyright holder if copying allowed by instructor • Use images that are truly public domain (this does not mean they are on the internet or other public display) if copying allowed by instructor • Work only from “direct observation” and original source material, not from another artwork• Instructors: • Stress originality in student work • Assignment criteria to incorporate checkpoints of originality
  • Methods and Tools To detect:• Instructor intuition and experience• Amount and nature of assignment checkpoint material• Google Image Search (Video demo) • Drag-and-drop image of student work for instant web search of image. Works much like plagiarism sites for research papers.
  • ResourcesUnited States Copyright Office. http://www.copyright.gov/Google Images. http://images.google.com
  • Sources used for this presentation United States Copyright Office. Copyright Registration for Derivative Works. Copyright Law of the United States. http://www.copyright.gov/title17/ Mark Harden. Artchive. http://artchive.com/This presentation was created for and is to be used for educational purposes only.