Ask Ali: Copyright Part Two

Well, I did not expect Part One of this thread to create such a discussion! I’m thrilled and thank you to every single person who was brave enough to stick their head above the parapet and state what they thought. The internet can be a scary place to air an opinion sometimes but we are all friends here and friends should be supportive and encouraging even if they disagree.

You can read Part One of this discussion by going back to the main blog index and either searching for ‘Copyright’ or by scrolling through the Ask Ali posts.

The replies that I have to your questions are going to need to be spread over a couple of blog posts to not make the whole subject a dull read, but I wanted to address a couple of things immediately. I will attempt to do some proper research too so that you can see that my statements are based in fact and not just my opinion, I will provide links so that if you feel that you disagree or wish to learn more, you can follow the statements up.

Here we go then, deep breaths everyone…

HOW LONG IS COPYRIGHT HELD BY AN ARTIST?
Copyright is automatic, you do not need a symbol or to log it with the world in any convoluted manner, you don’t need a watermark or fancy bit of software and it is held by the artist:
’From [the] date of the creation of the work until 70 years following the author’s death.’
Here the term ‘author’ represents any creator of Literary, musical, dramatic and artistic works
Source: www.gov.uk

WHO OWNS THE COPYRIGHT OF A PHOTOGRAPH?
The person who created it. Even if a photo is found on a Royalty-Free website, this only means that you have permission to re-create the image, the original creator still owns the copyright. It is worth reading through the terms on sites such as Pixabay’s that you can find HERE as you might be surprised to read the small print.
It is however worth noting that I have contacted them in the past to ask about the distribution of images in a workshop as this might fall under their ‘Standalone’ clause. They stated that as the emphasis is on the recreation of the work for artistic purposes, it was not breaching their license.
You may also want to read about recognisable subjects such as people and places as you will need permission or what’s known as a ‘model release’ to show your work.
Freedom of Panorama
Freedom of Panorama and The National Trust
Model Release Flickr discussion

We will need to talk about various licenses in a subsequent blog, just so that we all take a breather, here is a photo of Dotty laying an egg to keep us all sane…

Yes, you are welcome to paint from this image if you would like to, but keep reading!

Okay, here is the bit that might surprise you. Try not to panic, disagree with it or even worse, decide that it doesn’t apply to you, it is simple to rectify and I will give you the tools for how to go about tackling it.

IF I ATTEND A WORKSHOP AND CREATE SOMETHING IN THAT WORKSHOP, WHO OWNS THE COPYRIGHT?
The Tutor, sometimes.

Like I said, don’t panic, I’ll split this into the facts and then the good news about what you can do to still enjoy your creations and share them with others.

Fact: No matter if you work from the photograph that was supplied to you, paint from life during the session OR supply your own image during that session, the copyright of the painting that you produce during the time you are together is probably owned by the tutor who instructed you, with possibly a few exceptions.
THE GOOD NEWS: Before you either panic, get annoyed or somewhere between, about this statement, here’s something to back up what I have said… ‘IT DEPENDS’
Let’s imagine some hypotheticals and how the variation might influence the outcome.

Copyright is in place to protect works from being duplicated and sold by those who are not the original creators. A tutor will have signature techniques, materials and delivery that are unique to them so, when you are following their advice, no matter what you are creating, it is more than just the image that appears on your piece of paper. However, the absolute law isn’t the only thing to be considered here, this is not a black and white, one answer fits all scenario, there is also Moral Copyright which is the right to protect the integrity of the reputation of the tutor. You must also understand that a tutor is a professional, they don’t do this solely for fun (although it is an awesome job) and so will stand firm on professional courtesy too.

Variation 1: You follow a tutorial, copy every element of what is being taught and so your finished painting looks like the original created by the tutor, even with slight variations of colour palette or composition. They own the copyright - of course they do as you have ‘copied’ theirs.

Variation 2: You follow a tutorial, copy their signature techniques but use your own image to paint from so that it could be argued that it looks like their work but isn’t an exact facsimile. You own the copyright BUT it was done during a session with them so they have a right to protect their Moral Copyright and so, unless you agreed to something different in their Terms and Conditions, you must attribute them whenever this work is seen. That includes greetings cards (needs to be on the reverse), a print (needs to be attributed where it can be seen - NOT on the reverse), social media (they need to be tagged in it), or an exhibition (needs to be on the display information that shows the painting, even if it’s not for sale).

Variation 3: You attend lots of classes and have created work inspired by different tutors, resources, and have assembled work away from a lesson in your own time. You own the copyright, and you have started to develop your own work, congratulations.

The Bottom Line

You have read this far, congratulations as not only have you waded through the dull legalities of copyright but you are becoming a much better artist and want to stand up for what is right.

If you have skipped through the rest of it, fair enough, here is the final word for this part of the discussion.
1. Read the small print. If a website or resource has any business acumen whatsoever it will transparently set out what you can and can’t do with the images or tuition that you find within it.
2. Ask. Don’t assume, just ask BEFORE acting. For example, if someone emails me and asks if they can use something of mine and they do it before displaying/sharing it, you have a 99% chance that I will say yes. If I see you have shared it and then ask me for permission to do so, you have a 0% chance of me agreeing.

I am sure that there will be further discussion on this and let’s agree that I may not have everything sewn up so I welcome anything extra that you have to offer, if it seems harsh then ask yourself this, wouldn’t you want to protect the work that takes hours to think up, research and implement?
Have fun with it, Ali

Oh P.S. My T’s and C’s can be found, very easily, in the main website menu above and below.