It is common for art teachers to utilize photos that they have printed off of the Internet or clipped out of a newspaper in their classes, but what, if any, are the legal ramifications of allowing their students to copy these images? The Internet has created a space where copyright law is often disregarded, but this does not mean that an artist's copyright is any less legal or that any copyright infringements will be taken less seriously by a judge.
How do Copyright Laws Vary?
Copyright laws can vary greatly depending on which copyright license the artist decides to use. For example, an artist can release their work with a Creative Commons license, and this would enable your art teacher to allow your entire class to utilize the piece in several different ways. If the artist is using a standard copyright, however, then any reproduction of their work is illegal, regardless of if the reproduction was created without the intention of being sold.
When does a Copyright Expire?
There is no way to have a definitive answer to this question unless you have the U.S. Copyright Office look up records for the piece in question. However, the standard template is that anything copyrighted before January 1, 1978, would be protected for the length of the creator's life plus approximately 30 years. This number can be extended, however, meaning that copyright laws may still be applicable to a piece from hundreds of years ago. All artwork copyrighted after January 1, 1978, is protected for the life of the artist plus 70 years.
What if the Artwork does not have a Copyright Symbol on it?
Artists are not required to place a copyright symbol on their work. Also, if they do utilize a copyright symbol and the date next to it is old, this does not mean that the copyright has expired. It is also important to note that most pieces of art will be considered to have a copyright even if they have not been registered with the U.S. Copyright Office. Although that is the best way to gain the full protection of a copyright, the law also considers things such as the initial publication of a piece when establishing who the copyright owner is. For instance, an old Florida newspaper photo with no byline would still be copyrighted, according to our Orlando criminal defense attorney.
Should Art Teachers be Concerned?
There is a provision in U.S. copyright law that enables the fair use of all copyrighted works. This provision states that it is not a violation of copyright law to use a copyrighted piece for teaching purposes. Because of this, it is likely that no copyright holder would go after an art teacher for using their work as an example. Even if someone did, a federally experienced lawyer would most likely win the case by using the fair use stipulation. Just remember that fair use does not allow a student to reproduce a work and then sell it.
As long as an art teacher is respectful with the pieces that they incorporate into their teaching environment, then they have no reason to be concerned. However, if the teacher wishes to use a piece that has an active copyright, then it might be to their benefit to contact the artist and gain their permission before any misunderstandings can arise.
How do Copyright Laws Vary?
Copyright laws can vary greatly depending on which copyright license the artist decides to use. For example, an artist can release their work with a Creative Commons license, and this would enable your art teacher to allow your entire class to utilize the piece in several different ways. If the artist is using a standard copyright, however, then any reproduction of their work is illegal, regardless of if the reproduction was created without the intention of being sold.
When does a Copyright Expire?
There is no way to have a definitive answer to this question unless you have the U.S. Copyright Office look up records for the piece in question. However, the standard template is that anything copyrighted before January 1, 1978, would be protected for the length of the creator's life plus approximately 30 years. This number can be extended, however, meaning that copyright laws may still be applicable to a piece from hundreds of years ago. All artwork copyrighted after January 1, 1978, is protected for the life of the artist plus 70 years.
What if the Artwork does not have a Copyright Symbol on it?
Artists are not required to place a copyright symbol on their work. Also, if they do utilize a copyright symbol and the date next to it is old, this does not mean that the copyright has expired. It is also important to note that most pieces of art will be considered to have a copyright even if they have not been registered with the U.S. Copyright Office. Although that is the best way to gain the full protection of a copyright, the law also considers things such as the initial publication of a piece when establishing who the copyright owner is. For instance, an old Florida newspaper photo with no byline would still be copyrighted, according to our Orlando criminal defense attorney.
Should Art Teachers be Concerned?
There is a provision in U.S. copyright law that enables the fair use of all copyrighted works. This provision states that it is not a violation of copyright law to use a copyrighted piece for teaching purposes. Because of this, it is likely that no copyright holder would go after an art teacher for using their work as an example. Even if someone did, a federally experienced lawyer would most likely win the case by using the fair use stipulation. Just remember that fair use does not allow a student to reproduce a work and then sell it.
As long as an art teacher is respectful with the pieces that they incorporate into their teaching environment, then they have no reason to be concerned. However, if the teacher wishes to use a piece that has an active copyright, then it might be to their benefit to contact the artist and gain their permission before any misunderstandings can arise.
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