Graphic Tools & Resources An archive of ALL THE TOOLS AND DOWNLOADS you could ever want! (WHOAH!)

NOTE: make sure the download is FREE and IN THE PUBLIC DOMAIN/COPYRIGHT FREE

"…[D]esigners are hungry for fresh new images and sounds. what can you legally use, and what can't you? Most materials over seventy years old are in the public domain. This means that their copyright has expired and they now can be used by anyone. Public documents, including many photographs, maps, and other materials housed in the Library of Congress, belong to the American people and are available for your use. (See' Lupton, Ellen. D.I.Y.: Design It Yourself. Princeton Architectural Press, New York. 2006

Copyright and social media discussion: NPR

Did you transform the image/art?

Did you repurpose the image/art? (Did you use it for a purpose that was different from its original purpose?)

Did you credit the original artist or get permission to use the image/art?

Does your art add value?

Check out this SUPER HELPFUL graphic!

Question: Artist's Copyright FAQ: Doesn't Fair Use Cover Artists?
Answer: Artists are not explicity 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) the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work."

Resources/Tools for Understanding Copyright:

  1. Fair Use Checklist: Can I use this image or art from another artist??
  2. Basic Information on Copyright
  3. Fair Use FAQs
  4. Lesson Example
  5. Taking the Mystery Out of Copyright

FOLLOW the conversation on Donn Zaretsky's Blog site: The Art Law Blog

Articles About Copyright & Fair Use:

"Richard Prince Lawsuit Focuses on Limits of Appropriation": NY Times
"Richard Prince Settles Copyright Suit with Patrick Cariou Over Photographs": NY Times, conclusion
"Haitian Photographer Wins Major US Copyright Victory": NY Times, Nov. 2013

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