For this article, I will be speaking on copyrights in generalities only, mainly in how they pertain to visual art/images. I am not an expert, and the following should not be taken as expert advice, rather it is a guideline to how copyright works as I understand it.
Copyright infringement is the bane of honest and hardworking artists everywhere. While I still like to believe that most people are basically honest, we all still must face the fact that there are people out there who are perfectly willing to steal the hard work of others, and have no qualms about profiting from stolen work. And that’s what copyright infringement is… stealing. Plain and simple.
Now, there are also people out there that truly don’t realize that they can’t use the work of others, or just don’t stop to think about it. They don’t know that it could land them in court, and are quite grateful to be told they can’t use copyrighted material. Personally, I made sure I understood the basics about copyright before getting into selling my own work because I want to be protected from copyright theft myself. As I stated previously, I’m certainly not an expert, but one thing I do know… a little common sense can go a LONG way in keeping you out of trouble.
Generally, assume most of what you see is copyrighted, because it probably is. Anything that is branded or trademarked cannot be used without the copyright holder’s permission. You can’t sell a t-shirt with Mickey Mouse or a hat with the Twilight logo, for instance. You’d have to be licensed by the respective copyright holder. Most celebrities/famous people will fall into basically the same category. You can’t use their likenesses, names, etc., without proper permission/licensing. The way I understand it, political figures fall into a different category(public domain) and can be used, just make sure they are truly a political figure. Do your research!
Now, copyrights can still retained even if someone says “Hey, you can use my photo for free!” There may be conditions, and those conditions should be adhered to. As an example, I have another blog where I do offer some of my kaleidoscopic art for free use, but I have conditions. I allow personal or commercial use for decoration of websites, newsletters, school projects, brochures and the like. However, just because I offer the free use, it doesn’t mean that someone can use my images however they wish. I don’t allow for anyone to use my images as logos or to put on merchandise to sell, to name a couple of the limits I’ve set. I still retain the copyright while allowing others to use my work within my limits. With the widespread use of the internet, and the ease of exchanging information there is sometimes a mistaken belief that if something is posted on the internet, it can be used freely. That’s just not true.
Public domain images and works are a different story, but it can be difficult to know what you can freely use. Unless the original artist, photographer, writer, etc., specifically states in no uncertain terms that they are placing something in the public domain and are placing no conditions on the use of their work, then you shouldn’t assume that you can use it. If it’s not the original creator saying something is public domain, then it’s entirely possible that a work may be mistakenly thought to be public domain, or outright stolen.
Royalty-free and copyright-free works can be bought, but even then you need to make sure of any restrictions on how the works can be used. Always make sure your source is reputable. I can’t personally give any specific recommendations, as I’m currently using only my own original works. The only thing I can say on that is, again, do your research!
There is quite a lot I haven’t touched on here; I’ll have to save that for another article. This is really just an overview of the basics. The bottom line is, if your aren’t absolutely, 100% sure if you can use something, then don’t use it! It could save you a lot of trouble in the long run.
Some links you may find useful:
US Copyright Office
MyFreeCopyright.com
CopyrightSpot
Mary