Robert’s Copyright + Ethics talk - 5th March 2012
This was a really intriguing talk to go to, because as an aspiring rookie illustrator this kind of thing daunts and confuses me, but it was a very enlightening lecture that opened my eyes about all the boring legal sides of design and working as a professional.
Copyright is the rights to reproduce a certain image for an agreed set of time - contracts are involved with the image’s creator, and what the person owning the copyright will be able to do with the said image. At the end of the day, you still own the right to the image, but they can reproduce it to their will.
Some things can complicate the whole process, one of these is collage.
Collage often utilises previously produced and printed materials and manipulating that in other ways. Things such as patterns or likenesses can create legal problems, and that is why the medium is particularly risky when producing and publishing artwork without the proper rights to the images within. Styles, are another area which is often touchy in regards to copyrighting. Things such as handwriting often cause problems.
People can often get miscredited or not at all, which can breach copyright, and you can not give copyright by a verbal agreement - it must be done by means of a written contract.
The talk also touched upon the fact as a professional artist you should avoid work for hire, for example, Hallmark, who will use your artwork via a contract, but essentially own the copyrights to the image and get the credit for it.
It’s all about control and reputation. An image may be bought for use in a stock image library, and used for things beyond your control, and reflect badly on you as a professional. For example, if an image of yours was bought from a stock library and used by a political party you didn’t support, or a controversial visual campaign you did not agree with.
Blogging, just like here on tumblr, is also somewhat breaching copyright laws by snatching an image and using it as if it were your own. I myself have encountered with other people I follow on sites like tumblr posting people’s artwork, merely as a form of sharing and flaunting someone’s work, but they may not have added a clear link to their portfolio, or mentioned that they are the source artist. This is even more complicated when said artists are from overseas where language barriers and usability are an issue. I also follow artists on tumblr who have created very successful, and popular images of fictional characters and the like, which have been recreated on t-shirts abroad, and not only breach their rights, but also the mass corporations whose character likenesses are being used by traders.
One example of copyright in the media are the twitter campaign fronted by the Associated of Illustrators in regards to an image by Hidden Aloise, reproduced and edited for production on bags sold at craft giant Paperchase. The store said they had bought the print from an successful London design company, goes to show no one is safe from plagiarising, even the big companies are at it.
Something worth noting was that anything, regardless of aesthetic or perceived quality, can be copyrighted.
Overall, copyright and the like are a very complicated and serious issue for us designers, but nontheless, the talk really opened my eyes and intrigued me, because I know my eyes would be turning red had someone used an image of mine, but that’s what agents are for, right?