A note on Copyright, from my experience as a software engineer, is that Copyright only protects the *expression* of ideas, *not* the ideas themselves. For example, you can find lots of books that have similar stories or fall under the same genre and so on, and the reason it's *not* Copyright infringement for people to create content inspired by other people's content is because, while the concept/idea may be the same, the particular way in which the idea has been *expressed* is specific to the author. This is a reason why many computer games have similar features that are also present in other games (e.g. game modes such as Capture the Flag, Team Death Match, etc.), yet they can't sue one another. I think *Fair Use* should've been mentioned as well, since it's *very* pertinent to Copyright. Basically, others *don't always* need your permission/consent before using your content. Copyright allows others to use portions of your work, as necessary, for other purposes, including education, parodies, criticism, reporting, and so on. Also, if the work is considered transformative, it may be considered fair use. There're 4 criteria that the Judge will use to decide whether something will be considered Fair Use during a particular case or not. These are[1]: 1. the purpose and character of your use 2. the nature of the copyrighted work 3. the amount and substantiality of the portion taken, and 4. the effect of the use upon the potential market. Lastly, understand there're things Copyright does not protect. According to the US copyright gov site "Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed."[2] [1] fairuse stanford edu/overview/fair-use/four-factors/ [2] copyright gov/help/faq/faq-general.html
code_dredd you should have made the videos. Question, I’m new to this and I have a legal question... how is it legal for someone in Etsy to sell a drawing of a copyrighted DC or Marvel character without copyright law violations? Regardless if you draw it yourself, you are selling a likeness you don’t have rights to nor ownership. How is this legal? Artists are making money from someone’s else invention. For example, me making money from a Batman drawing I made, then putting up for sale as a print in Etsy. I see it all the time, how is this legal?
@@PochoNieves It's not legal unless (1) the artist got permission, or (2) there is some kind of parody involved because there is strong legal precedent under American law that protects parodies as a type of fair use (which occasionally is true, but most often is not when it comes to Etsy sales). But the fact that something is illegal doesn't mean it won't happen, especially when the copyright owners choose not to aggressively enforce their rights.
Everyone should watch this... I can't believe how many people don't know this stuff. I get so much hate at times when I say that something isn't allowed etc. on something like TH-cam, and people just say "this is non-profit, so no problem you idiot" or "they credited the owner, so it's legal you idiot!"
What do you mean specifically by things that aren't allowed? I ask this because I make some video reviews but I am wanting to get into posting other things and possibly using content that someone else (or like show pics or scenes from what I am reviewing). I thought sourcing the original owner DID make it ok to use except for like with these online manga sites and stuff.
***** I would assume that if you put content created by others in your work, the most important thing would be to contact the original creator and ask their permission, explain whether or not you try to make profit from the project that would contain their content or not. Keep your conversations for the record, as Jazza explained in the video. Of course, if you get no reaction or a clear 'no', you are not allowed to use the content. If the content creator makes profit from the content you wish to use, it would NOT enough to simply credit the creator. The same way, I can not legally upload a Disney movie combined with some content of my own on YT and be safe by just letting people know that the movie wasn't made by me. For the purpose of a review it is (to my little knowledge) fine to use some(!) content that would be required to do a review. I think when it comes to, for example, gameplay footage of somebody else, contact them and be honest and respectful and be able to live with a 'no' and move on from there :o)
***** It's only allowed if you talk over it (and as long as you don't include copyrighted music). But what I meant is when someone just steals and uploads the exact same video again. And that's not allowed, because then the original creator doesn't earn any money. But what you are planing on doing sounds fine :)
Hide it in a corner with complex detailed backgrounds, My pfp is a poor example of this, my signature sits directly on the collar tag and is quite small but noticeable and easy to rub over. (though who'd want this bombsite, amiright guys) And if you're uploading something someone commissioned, just to advertise your skills, watermark it. Nobody needs to download it and they shouldn't. Then PM the client with the non-watermarked version.
@🎃Chirovitrieri🎃 and some sites, albeit few, have report options for theft of intellectual property. Twitter kind of has this with a report option for impersonating you, a person, or a brand. I think I've even seen websites that block downloading uploaded content to their best ability.
One way to do this is to digitally embed a hidden watermark signature in your works that can't easily be detected and removed by any thief. Free (open source) software exists like OpenStego that does this so that you can easily prove you created the art if any thief ever were to falsely claim it as their own.
Also, feel free to copy and remake anything pre 1900, as those topics will often have no copyright, so have a story about abraham Lincoln as a vampire slayer, or King Arthur in modern day, or Sherlock homes in modern day
You do have to be a bit careful here because some countries and regions (like the entire European Union) have extended copyright to the life of the creator + 70 years. There are some pre-1900 works that were created by someone who died less than 70 years ago. Personally I think it's kind of absurd that anything from the 19th century is still copyrighted in any country, but I'm just telling you what the law is.
I was always curious about your Let's Draw videos. I noticed that you often draw characters from popular comics or TV series. How do copyright and IP laws play into stuff like that? I assume its not an issue.
Can i "redraw"/copying something from deviantart, disney characters, videogame characters etc.. and give credit to the original artist in my description? Is it legal? Because i want to make TH-cam Videos about, how i draw this character from an different artist ,and then upload it. sry for my english, i'm german. But on TH-cam, you can make money too, right? What would happen, if my channel, or my videos about this drawing, gets a lot of views? Is it still legal?
Glückskatze did you ever find an answer to this? I've noticed courses on places like Udemy which cover how to model a character from a popular movie or TV series. They are paid courses but because they aren't selling the model and its educational does it not count? I ask because I want to create a course on modelling epic scenes for games and for reference I was going to do a city or castle from Lord of the Rings. Of course I won't sell the model and I'd encourage students to pick their own scenes. I'm a little scared about being sued so I'm not sure if it would be a better idea to just do something original that wouldn't attract as many eyes
Question: if I draw from a picture of someone I took on the internet (e.g. I draw a portrait of Taylor swift), are there gonna have copyright issues if I post it online? Do I need to put the link of the picture? If I sell my drawing, is it gonna be a problem?
Yes, you will have issues if you are going to be selling it. That photo is the photographers work of art. If you are doing an exact copy, the photographer will come after you, even if you credit them. This is a common mistake artists make, so don't feel bad. Reference should only be used for guidelines and not for the actual structure of the painting/drawing. The best thing you can do is find tons of reference pictures of Taylor Swift and form your own original piece. I hope this helps.
You could infringe the photographer's copyright regardless of whether you sell your photo or not. Lawsuits typically target commercial infringers, but it's still infringement to make an exact copy of a photo without the photographer's permission and post it online without making any money on it. It is by no means impossible that a photographer could come after you for non-commercial infringement. Please also be aware of publicity rights (also known as personality rights). This is a concept separate from copyright law which gives everyone the right to "control the commercial use of one's identity, such as name, image, likeness, or other unequivocal identifiers" (to quote the Wikipedia definition). If you were to form your own original drawing of Taylor Swift on the basis of tons of reference pictures, you would not be violating anyone's copyright. But you could violate Swift's publicity rights if you were to try to sell that drawing (depending upon the specific law of your country or state).
Photios Hey I need help, it’s really similar to this comment, there’s a picture of a karate person with a really good pose, I want to copy the pose but not trace it. Will I get copyrighted?
@@smileyartz A pose is a natural human expression (and hence a fact).....and facts are not protected under copyright law. Nobody can copyright a particular contortion of the human body. But it is possible that a court could find a photo infringing if the pose is the same AND there are other significant points of similarity such as a similar background, lighting conditions, etc. It would be wise to make sure the other visual aesthetics are significantly different so it doesn't seem like you ripped off the picture. It's also a good idea to not use the same karate person in your own image. I hope this has helped, though I'm not a lawyer, so this answer is not legal advice.
Thank you for makkng this video. I am in the middle of creating an original product and was researching about compyrights and ip and this video really helped with basic understanding.
I'm actually in development of my first comic and this is really the first time I'm generating something that is my 100% original content; I was just wondering if I automatically had copyright or had to do something to get a copyright on it then I saw your video pop up! Thanks for all the useful info yet again Jazza!
I wanna sell my art Abstracts online digitally. Obviously I know I'm the copyright owner by default since I created it. But I wanna get my artwork registered before selling cuz I don't want other people using or selling my work anywhere else. I tried to register my artwork with the US copyright office but I didn't know you have to pay. I honestly don't wanna pay anything just wanna sell my art work
so if i draw fan art or fanfiction of my favorite characters and shows i can do that as long as im not making a profit off it and giving credit of the character to the original creator
@@mistymoon2752 They're doing that illegally and just haven't been caught yet because the ip holders either don't care or don't know about it. Never make fan content unless you want to risk a lawsuit popping up sometime in the future.
@@buster3041 Agreed! I will say though that practically speaking, nobody is going to get into trouble for drawing fan art in the privacy of their own home purely for their own amusement without distributing or sharing it outside the household. I'm sure millions of children have sketched Mickey Mouse or Donald Duck just for fun, and not even Disney would sue someone for doing that (despite it being technically illegal). But as soon as someone posts their fan art online is when the potential for problems can begin. Companies care the most about the distribution of illegal content, not what goes on (and stays) in the privacy of one's home.
What if your an artist and you paint a celebrating or famous figure and you resell that painting? What’s the legal stance in this case? The artwork is your own but...you’ve painted the face of a famous individual.
That depends on a number of factors: (1) Photos of celebrities and other famous figures are copyrighted, so it would be infringement to simply replicate a photo in your painting without the photographer's permission. Obviously a person's face and other natural features are not copyrighted, but creative choices that the photographer has control over such as the person's pose, lighting conditions, background, etc. all contribute to the photo's copyright. (2) It is possible to use a whole bunch of reference photos to get a good idea of what a person looks like and then create an original painting of him or her that doesn't replicate the creative choices in any reference photo and is therefore not infringing. But there's a second problem that now crops up: (3) Selling your painting could violate their publicity rights if you don't have their explicit permission. To quote Wikipedia, "The right of publicity, sometimes referred to as personality rights, is the right of an individual to control the commercial use of one's identity, such as name, image, likeness, or other unequivocal identifiers." The specific laws surrounding publicity rights vary a lot from one country to another (and even one state to another), but there generally are legal restrictions when it comes to making money based upon someone else's identity. (4) Publicity rights aren't eternal and do expire after a long period of time. Unfortunately, many of these laws do not define precisely when that happens. In one American court case, a judge found that Einstein's publicity rights expired fifty years after his death, but that case didn't set a precedent for the whole country. A different judge might reach a different conclusion. A good rule of thumb is to assume that publicity rights apply to famous figures who lived within "modern times" (even if they died some time ago), but ancient famous figures like Julius Caesar or even Isaac Newton are fair game. Celebrities from the earlier 20th century like Einstein or Marilyn Monroe kind of fall into a grey area because the law is uncertain here. Anyways, I hope this helped answer your question.
What is most sad in digital copyright is that it is easy to copy anyone's art style without punishments. I know a great artist in Deviantart, but every month she getting messages from her watchers that someone has stole, trace or copy her style, character sand her arts that she is working with so hard... :'(
There is no such thing as “copying an art style” if there was then if someone says that drawing stick men is their “style” then no one could draw stick men and that’s legit something that everyone has done and is it stealing a style NO since no one owned it if they traced it then yes i’m pretty sure it would be illegal but not if your drawing is similar (if it’s exactly the same then yeah i think you can get in trouble but they can’t sue you *I think*)
These issues are exactly the reason why I don't put my artwork online. I am so scared of people stealing my stuff O.o Quick note here. One way to prove something is truly yours. Take any original works (sketches, doodles or character designs) that you don't need physically anymore and put them in a large envelope and mail it to yourself. And when you get it in the mail DON"T OPEN IT!" Just file it away somewhere safe. If you need it as proof for something, only let the judge open it. I am not sure why this works( never having to have to do this myself) but it has something to do with the time stamping from mail processing I think. Just something I thought I should share. I'm not an expert my any means.^-^
also you can do this with anything written or typed (stories, manuscripts, novels and the like) as long as its the first draft before editing and rewriting. And I think its better if it's written by hand. Its always a good idea to put the date on your project too.
That is nothing but an urban legend, at least in America. It DOES NOT work! I appreciate that you want to help, but that method gives exactly zero protection in America. In the U.K., it might help some. Read this page to learn more: www.snopes.com/legal/postmark.asp
I have a question, what if you make idk a Simpsons parody or something in that vain like a fan fiction and put it up for free digitally but profit indirectly from something like site ads or patrion? Would this be a huge issue?
I think the primary thing to think of is "follow the money," as Draw with Jazza himself points out. The more money involved, the greater the chances for trouble. I had a conversation some time ago with this guy on Kickstarter who made, and makes money, from fan art: www.kickstarter.com/projects/jameso/a-league-about-nothing-if-seinfeld-was-a-sport?ref=discovery He wasn't the least bit worried about it, and as far as I know has never gotten into any trouble. It seems "fan art," parody, and other such things can go quite far without running into opposition (Weird Al set the precedent on much of that, I think). Also for education, there seems to be a ton of leniency, as shown in CinemaSins: th-cam.com/channels/YUQQgogVeQY8cMQamhHJcg.html. That said, my lawyer friend advises me to be exceedingly careful, as big fines can come into even the most innocent of projects. He didn't want me to add a specific sport team logo in a video that had nothing to do specifically with the team and, if anything, gave the team praise. Huge fines can come of that without express written permission. My other friend and I would like to post our TRON saga and STAR WARS saga as storyboards, but we're leery for this very reason. On the other hand, we'll probably post our BAT-DAD some day because we feel safer there. Of course for most work, it will probably go under the radar un-noticed and un-touched. But I'd imagine that as soon as money starts coming through, the game changes drastically. Just my thoughts.
I think its fine, criticism, news reporting, teaching, and research are protected by fair use, as long as you keep with these you wont need the permission from or payment to the copyright holder. I suppose parody falls along the lines of criticism, take a look at the Starbomb album made by Egoraptor and Ninja Sex Party, it is 100% parody of nintendo games, they use the original names of the characters, locations, etc and they profit from it. Starbomb (Full Album) listen to their intro, they talk about copyright and fair use because nintendo is known for being very strict with copyright.
If it was a parody most likely not, you would be protected by the copyright laws "fair use" clause for satire/parody. I'm pretty sure you'd be fine there.
DennisJ this is a good one to watch. I may answer your question completely. I answered, clarified and revisisted most of mine. th-cam.com/video/GJmv8v-QI7w/w-d-xo.html
A lot of TH-camrs began to been up in arms over the last few years, relating stories of constant fights to protect their accounts from abuse of copyright law. Rallying under the slogan #WTFU stand for *Where's the Fair Use?*, they demand changes in how TH-cam handles copyright claims since the whole copyright system for online video is broken, allowing for obvious copyright infringement in some places, and punishing innocent people in others when Copyright was made to stand against piracy and theft but like every laws it is just is use to monopoly enforced through legal and to restrict the right of others to make something such as videos. A giant portion of TH-cam's material is unquestionably fair use, protected even under the highly flawed Digital Millennium Copyright Act, which provides a legal basis for copyright holders to issue takedown notices of infringing content. Which mean your videos are protected and any strike should be eliminate since your videos doesn't violent any Copyright.
But like any law Copyright is often abused by corporations and individuals, who routinely do not prove or even check whether content is fair use before issuing the claim. Companies that get bad press sometimes use the system to try to censor negative reviews or coverage. And because there is no penalty for a fraudulent claim, people often attempt to swipe the revenue from obvious fair use, or even from content they don't even own. TH-cam supposed to defend your rights, but it is silent on the abuse of claims by large companies. And in the meantime, the flaws in the algorithmic system have gotten worse and a striking example comes from film critic Doug Walker, from Channel Awesome, who received a copyright strike from Studio Ghibli based on an obviously fair use review of the movie My Neighbor Totoro. The channel's uploading privileges were sharply curtailed, and ad revenue was stripped from every single video. Attempts to contest the strike through TH-cam's internal systems went nowhere; the company did not even respond for over three weeks.
Only after Walker complained publicly in a video that got massive attention did TH-cam fix things. The fact that the system could threaten a channel as large as Channel Awesome with some 430,000 subscribes suggests that Content ID is starting to break at the seams, leading Walker and others to start the #WTFU campaign. So on the one hand, the law of fair use is being flagrantly ground into dirt, and on the other, the biggest social media company in the world is bootstrapping a video service with blatantly ripped-off content but the fact that the TH-cam copyright system is seriously flawed and can be abused by people simply wanting to take down some other's work, as TH-cam simply awards the claim to the claimant. But TH-cam it just killing itself since there is no longer an even playing field for TH-camrs to make videos, I mean how in hell are small channels supposed to grow when TH-cam is completely forbidding them to post any type of videos? Let's face the fact that today bigger channel are not going to stay forever and so smaller channels are important as much as the bigger channels.
This copyright problem is really destroying everyone and TH-cam itself... TH-cam used to be a place where people could go to have fun and make videos. Now you can't post a video without get a strike. I don't know what will happen with TH-cam in the next years, but there needs to be some changes. Not changes to benefit TH-cam and their partners, but to benefit their creators you know, the ones that keep TH-cam afloat aka us?
already had some issues with people using my stuff without even asking, sometimes i wouldn't bother to let them , but the fact that they didnt even ask got me really mad :\
Someone *please* help. I'm not ecaclty sure how to protect my artwork (It doesn't bother me too much if someone were to use it because I try to include a signature on everything) But I have so many ideas. I understand that for IP I need proof of an idea. But even if I have that would my story be safe? I don't have the money to get it copyrighted...
I know I'm replying three years later, but if you or anyone else still has this question, I'd like to share a few thoughts: (1) It is possible in certain cases to collectively register the copyrights on an entire portfolio of your artwork as a single unit. If you qualify (and check the website of the copyright office in your country for details), then this would be far cheaper than paying a fee each time you register a single artwork. (2) Embed a hidden watermark signature in your digital artwork that can't easily be detected and removed by any thief. Even if they were to claim it as their own, your invisible watermark would prove them a liar and a thief. Some free software programs like OpenStego do this kind of thing. (3) If you're worried about others copying and reposting your artwork, what matters is that you can establish priority in time. For example, if it can be clearly established that you uploaded a piece of art to the Internet first (before any thieves reupload it), then the fact you were first in itself is good evidence supporting your ownership of that art. Most sites fortunately provide a timestamp indicating when something was posted.. (4) Do occasional searches of the web using reverse image search engines like TinEye. These let you upload a photo or digital artwork to their service and it will tell you if the same image appears elsewhere on the Internet. It's a great tool for finding someone who has stolen and reuploaded your artwork. (5) And finally, I honestly wouldn't worry TOO much. Yes, it's wise to take reasonable precautions and be wary. But also remember that _obscurity_ is a much greater threat to the livelihood of a small artist than thievery. Focus your attention on making great art and putting it out in the public eye so that you gain increasing recognition for your hard work. That is the secret to becoming successful as an artist.
Great video good insight I've been searching TH-cam for info about making sure my creations do not resemble or look like someone else's creations i don't watch many how to draw I've just done my own thing and don't want to accidently create something that looks like someone else work i do searches for title names on Google TH-cam but image searches seem impossible
Laser engraving a photo is making a "derivative work" because your engraving is "derived" from someone else's work. This is not allowed under copyright law if your reference photo is copyrighted and you don't have the owner's permission. You need to either find a public domain photo that has no copyright or get permission. Note that some copyright owners have already given permission to everyone by making available their photos under one of the Creative Commons licenses that permits derivative works. Unfortunately it may not be possible to use a reference photo of Jack Sparrow because he is a fictional character invented for Pirates of the Caribbean, so all depictions of him are copyrighted. But I'm sure you can find public domain images and paintings of pirate ships and real-life pirate captains whose copyright has expired. (In the United States, anything published before 1926 is in the public domain, though the length of copyright protection may be different in another country.)
Im not very sure about this- Im sketching a drawing which has already been made, im not making any changes how can i tell people that its not mine but is kinda mine..
Give credit where credit is due! Add some kind of notice or tag to your drawing telling everyone who comes across it that it is based upon (or inspired by) another work (and give the name of the artist and the title of their work). Hopefully you also got permission from the artist to sketch the drawing which has already been made, or it is in the public domain or has been released under a Creative Commons license that permits reuse. Otherwise you could be infringing that artist's copyright.
A quick question. How does this work with video game background music? I've seen some monetized videos with normal video game music in the bg, so I'm wondering how it might work. Just curious to see if I should start using video game osts in my animations.
Hi Jazza! This vid is on the kind of what I was looking for! It totally worth it 'cause it's super well explained! Though it covers basic things about copyright laws and ownership protection, it gives a wide example of the subjects you need to worry about and put attention on. Thanks a lot for sharing! :) Have a good one!
thanks for this video!! I have a more specific question. What if I want to draw Simpson characters, for instance, and I want to record the process of drawing it in a video and upload it on youtube. However, the reference I am using is straight off from a google image. Would I be violating the rights of the person who placed the picture up? What if I can't find the original creator? Would a disclaimer solve the problem? I'd appreciate any help.
Great video, lots of great advice. But, the last time I tried to get "advice" from this lawyer, and it went like "alright the fee will be $2,000 to have my thing processed" before he can even tell me if I'm qualified or not, and what if etc etc. I guess he was trying to tell me that I'm paying $2,000 to find out if I'm qualified or not. I pretend to accept the offer, and told him I will prepare my documents just so I can call him back few days later to ask him what are the requirements, and I think he has been on vacation ever since. So busy for a lawyer who I see WALKING into his office EVERYDAY.
i had an IP with a " friend " for over ten years that we was going to animate but in the end that person wasnt treating me like an equal partner and is now claiming all the ideas, designs etc including mine as her own. i have kept everything over the years but feel like its pointless, like i dont have a leg to stand on and now i worry about collaborating with someone new. However, iv come to realise that maybe ending the friendship was a great thing, no one should be treated disrespectfully but it does hurt seeing my side of things still being used like they own everything despite being told that, that's not the case and they clearly ignored the agreement to take our own ideas not the other´s half or all. thank you for the great video regarding all the info jazza Draw with Jazza keep up the great work :D
Anyone knows how those big art channels like @drawholic which make super realistic drawings of famous characters can get away with his channel monetization??
If I make animations as parodies of certain videogames (such as Alien: Isolation, Star Wars Battlefront, Tomb Raider, etc.) does it fall under fair use?
all i want to do is find out how to get my character i designed copyrighted so people cant use it without my permission you had alot of info but to me it wasn't very helpful to me because you didn't show or explain how to go about getting the licenses to protect my work, why is it impossible to find a video on this.
I am creating a children's book, I hired a Vector Sketch Tracing illustrator - I gave. him my sketches - he turned them into a cartoon style image and added background. My question is do I credit them in the book as the Illustrator? and could I use the new images in my marketing? Or does my transaction in Fiverr give me all rights for the image? Any suggestions please - thanks
It's always a good idea to have the person you're hiring to do your art agree to an explicit employment contract beforehand so that there are no ambiguities with regard to these questions. It should always be clear from the outset who has the rights to these images and what you and the artist are allowed to do with them. Something to keep in mind for future reference. Anyways, here are some thoughts on your situation: (1) I've never used Fiverr, but there may be some information in the terms and conditions of the site that will help answer your question as to who owns the rights stemming from this transaction. For example, if the terms state that hiring someone creates an employer-employee relationship, then "work for hire" likely applies, which would mean that you would own the rights for these images because the artist was your paid employee when they were made. However, work for hire may not apply if the artist is considered an "independent contractor" under the law. For more information, look up the Wikipedia article titled "Work for Hire." (2) It's generally a matter of good courtesy and acknowledgement of their services to give proper credit to an artist, so I would strongly recommend doing so. Doing so helps the artist gain wider recognition for their hard work. (3) It would be a good idea to contact the artist to discuss your questions and hopefully come to a mutually acceptable agreement (preferably in writing with both of your signatures). I know of cases where ambiguities in who owns the rights for images have led to a lawsuit. Things get murky when there are no written records or paper trails of contracts or agreements. You definitely want to avoid any possibility of this happening! I hope this has helped and I wish you all the best.
@@photios4779 Thank you for your thoughts on this. I am putting together a document that will clarify my position and that of the artist. I mentioned to him that I would be happy to include his name in the book but not as the illustrator since I provided the original sketches. He agreed to that. Thanks again for your guidance.
"Work for hire" refers to copyrighted material being created by paid employees at the behest of their employer. The employer owns the copyright because the creator's salary or commission payment is their reward for their creative efforts. Generally speaking, the copyright owner retains ownership in any art that has been entered into a contest. If that art is a work for hire piece, then the artist's employer owns the copyright. So if the artist who drew it wants to enter it into a contest, they NEED the permission of whoever commissioned it because they are its legal owner. But I have come across news stories about a few contests where the submission rules state that entering it automatically transfers copyright ownership of all submissions to the organization or person running the contest. This is why it's important to READ any rules, terms and licensing conditions associated with any contest they are thinking about entering. Otherwise they might be in for a very nasty surprise.
So Jazza understand what Copyright is. Here is question for all of you. Is it legal alter original painting you purchase and make TH-cam video while doing that to earn some money?
Yeah, that's a bad idea unless you are drawing original characters of your own creation, or have permission to use someone else's. You've got to be careful when it comes to copyright, especially when you're selling merch.
This the question I was looking for like if you buy a character/drawing from someone can you make t-shirts and sell It or does It belong to the guy who made It even though you pay to him to make It for you.
Hi, question: Now how does he have the ability to post these pictures of simpsons of they are copyrighted?... I mean isnt that what he was talking about
What about character with a different original look, how is the best choice to protect it? I talk to lawyers but they don't seem to get the right version of protection and I have no idea how to protect a character that's used by me only in my art and stories, like the comic book or video games characters. How do you patent the characteristics of the character so it would be illegal if someone else would draw/sculpt or write about the exact characteristics? Thank you! I keep searching but I'm very in the air
And yet so many consumers believe that commissioning an artist entitles them to a Work for Hire contract not realizing that work for hire only applies to independent contractors not freelancers. If artist knew their rights there wouldn't be hungry artist anymore. The fact is if you live in the US your artwork is constitutionally protected as your property. We freelancers own all the IP on all are work even commissions so we can charge for commerical use and dictate terms of use. Don't accept commissions from people who aren't clear about how they intent to use the work and don't give your art to people until they sign contracts agreeing to your terms of use. I swear we need to create guilds again to protect each other.
Ya, the way i see it, you just learn to make everything yourself, it takes time but in the end everything fits together better and the work is more yours.
Hey Jazza! Your videos are really great and your explanation is very clear! I'm an illustrator from Brazil and I'm just beginning to rely on the perspective of succeding in this area (in here art is not much appreciated usually). Your youtube channel really made me feel guided somehow and I thank you very much for it. Also, your books seems awesome! And they're with a good price as well, as soon as possible I'll purchase them :) Hugs and byes
What if its tracing over a celebrity, digitally, filling it with colors and adding no details? Does anyone have copyright over that if they make it? I(t's not invented or a created character)
Can somebody answer this? Let's say I decide to draw a picture of let's say Superman, lets say I wanted to sell this drawing, but I don't want anybody to be able to copy it and redistribute the drawing as their own. But I'm assuming you can't just draw somebody's character and copyright the image, but many people do this even for a living , how is this done?
Yes. This explains why you always see bootlegs of characters - near direct copies, that are written off as original. You know the intention but it's barely skimming the long arm of the law.
If your good and have a talent just batch copyright a load of stuff in one go and title everything as you go. Use sites like worldwide OCR, worldwide copyrighters for your digital file where a company timestamps your creation. Use the company in your sease and dissist orders to the perpetrators.
Someone wants me to make a spy girl holding a stick, so I search up for something similar and I saw a person with a extremely good pose but there’s copyright protection. Do you think it’s ok to copy to pose but not trace it? Will I get a copyright strike?
when it comes to doing things like fan animations or getting songs/other audio off of youtube/vine/ect. is there any way to know when it is copyrighted and you are not allowed to use it under fair use? sorry if this was asked before or you went over it and i missed it, i'm just really hesitant to start making videos because of copyright.
I'm very much new to all of this and wonder if anyone can 'idiot proof' me on a couple of basic questions. I'm looking to create a non profit website showcasing my digital art and design work. Most of it is original content but one or two pieces are fan art.. Marvel and Manga related pieces basically. Is it a big no no to put this stuff up even though I'm not looking for any financial gain? Secondly in my earlier stages of practice I followed some youtube tutorials from well known industry digital artists. Am I likely to land myself in trouble for showcasing these on my own site or any others Deviant Art etc. I m more than happy to reference the original artists ( these guys are my heroes after all ) but I get the nagging feeling that might not be enough! Thirdly and lastly, I know I said two basic questions, I wonder what the ramifications may be of showcasing work, again for non profit, that have photo backgrounds taken from google image. They have been quite heavily manipulated beyond the original source but you can never be too careful right!? Thanks for video Jazza, yours is one of many great channels helping me along my artistic path!
This is just an example: If I were to make a lets draw video of Pikachu and posted it on youtube and then monetized it. Would I be infringing on Nintendo's copyright and trademarks.
Great video jazza. I guess i have a question about music. In my animation i do want to use copyright nintendo music, but i understand that i will never be able to monitize it. Right now i am creating a series that will not be monitized since i dont have that many subs or a viewing audience. Do you know good sites that provide free music for use for animators? I know youtube has someofferings. Or maybe make a video on how to help us create our own tracks. I love your videos , cheers!
Imho all human product should be subject to patent law, including intellectual property. As the author of that idea or manufacturer you should expect protection from theft of your assets for 10 yrs but after that it should be free for pilfer because humans and all animals copy ideas from each other and hence its basically the way of life. Why should artists not be subject to "what have you done for me lately" like everyone else is? Musicians should be performing, Writers should be writing, Artists should be creating just like engineers , chemists and doctors do. Just sayin
You did it! Thanks a lot. What about softwares? A 'friend of mine' may be using softwares that were downloaded for free lol is a Copyright guy gonna come knocking down his door to check whether his softwares are legit?
Loved the Video! Helped a lot! But my one question is. For example. If I made a Chibi version of the simpsons. with lets say Final Fantasy like clothes. And tried selling it as a T-shirt. How would that work? Would I still be in big trouble, even though I would change the version of the simpsons and use my own ideas for the clothing but have like Maggie be a mage, Bart a knight, Lisa a Dark Mage and so on..
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NEVER sell your copyright. License it out, give permission etc... but NEVER sell it.
Lawrence Tider What do you mean by not selling it?
lol i sold it last week
yeah, beacuse it would end up like...... KAZUKI TAKAHASHI AND YU-GI-OH
I just want to draw my favorite characters just for fun and imagination
If i hire an artist to draw my own oc, do they then own the art and my ocs likeness?
Well said Jazz! I totally agree 100%
Very scary subject guys, so take notes on every detail mentioned in this video.
A note on Copyright, from my experience as a software engineer, is that Copyright only protects the *expression* of ideas, *not* the ideas themselves.
For example, you can find lots of books that have similar stories or fall under the same genre and so on, and the reason it's *not* Copyright infringement for people to create content inspired by other people's content is because, while the concept/idea may be the same, the particular way in which the idea has been *expressed* is specific to the author. This is a reason why many computer games have similar features that are also present in other games (e.g. game modes such as Capture the Flag, Team Death Match, etc.), yet they can't sue one another.
I think *Fair Use* should've been mentioned as well, since it's *very* pertinent to Copyright. Basically, others *don't always* need your permission/consent before using your content. Copyright allows others to use portions of your work, as necessary, for other purposes, including education, parodies, criticism, reporting, and so on. Also, if the work is considered transformative, it may be considered fair use.
There're 4 criteria that the Judge will use to decide whether something will be considered Fair Use during a particular case or not. These are[1]:
1. the purpose and character of your use
2. the nature of the copyrighted work
3. the amount and substantiality of the portion taken, and
4. the effect of the use upon the potential market.
Lastly, understand there're things Copyright does not protect. According to the US copyright gov site "Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed."[2]
[1] fairuse stanford edu/overview/fair-use/four-factors/
[2] copyright gov/help/faq/faq-general.html
code_dredd you should have made the videos. Question, I’m new to this and I have a legal question... how is it legal for someone in Etsy to sell a drawing of a copyrighted DC or Marvel character without copyright law violations? Regardless if you draw it yourself, you are selling a likeness you don’t have rights to nor ownership. How is this legal? Artists are making money from someone’s else invention. For example, me making money from a Batman drawing I made, then putting up for sale as a print in Etsy. I see it all the time, how is this legal?
I have a question, would it be okay to draw a fan art and ONLY post it on my own social media (instagram) with no monetary purposes?
Replying to an old comment yes, fair use isn’t a valid defence in Australia hence why it isn’t mentioned.
@@PochoNieves It's not legal unless (1) the artist got permission, or (2) there is some kind of parody involved because there is strong legal precedent under American law that protects parodies as a type of fair use (which occasionally is true, but most often is not when it comes to Etsy sales). But the fact that something is illegal doesn't mean it won't happen, especially when the copyright owners choose not to aggressively enforce their rights.
Wait but doesn’t it protect the idea, but if another person takes that idea and adds to it then it’s ok
Everyone should watch this... I can't believe how many people don't know this stuff.
I get so much hate at times when I say that something isn't allowed etc. on something like TH-cam, and people just say "this is non-profit, so no problem you idiot" or "they credited the owner, so it's legal you idiot!"
What do you mean specifically by things that aren't allowed? I ask this because I make some video reviews but I am wanting to get into posting other things and possibly using content that someone else (or like show pics or scenes from what I am reviewing). I thought sourcing the original owner DID make it ok to use except for like with these online manga sites and stuff.
***** I would assume that if you put content created by others in your work, the most important thing would be to contact the original creator and ask their permission, explain whether or not you try to make profit from the project that would contain their content or not. Keep your conversations for the record, as Jazza explained in the video.
Of course, if you get no reaction or a clear 'no', you are not allowed to use the content.
If the content creator makes profit from the content you wish to use, it would NOT enough to simply credit the creator. The same way, I can not legally upload a Disney movie combined with some content of my own on YT and be safe by just letting people know that the movie wasn't made by me.
For the purpose of a review it is (to my little knowledge) fine to use some(!) content that would be required to do a review.
I think when it comes to, for example, gameplay footage of somebody else, contact them and be honest and respectful and be able to live with a 'no' and move on from there :o)
***** It's only allowed if you talk over it (and as long as you don't include copyrighted music). But what I meant is when someone just steals and uploads the exact same video again. And that's not allowed, because then the original creator doesn't earn any money. But what you are planing on doing sounds fine :)
Thank You guys :) I have been enlightened.
What if I want to make an AMV (anime music video) or a video with sprites from old video games like sonic or mario?
for digital arts I suggest to always put your signature on your works
+crazy jelly
copyright things in batches only cost one fee per copyright like $40 each time and last your whole life & 70 years after you die.
+crazy jelly But the Signature can easily be edited or faded, can't it..?
Hide it in a corner with complex detailed backgrounds, My pfp is a poor example of this, my signature sits directly on the collar tag and is quite small but noticeable and easy to rub over. (though who'd want this bombsite, amiright guys)
And if you're uploading something someone commissioned, just to advertise your skills, watermark it. Nobody needs to download it and they shouldn't. Then PM the client with the non-watermarked version.
@🎃Chirovitrieri🎃 and some sites, albeit few, have report options for theft of intellectual property.
Twitter kind of has this with a report option for impersonating you, a person, or a brand.
I think I've even seen websites that block downloading uploaded content to their best ability.
One way to do this is to digitally embed a hidden watermark signature in your works that can't easily be detected and removed by any thief. Free (open source) software exists like OpenStego that does this so that you can easily prove you created the art if any thief ever were to falsely claim it as their own.
Great insight man
Kesh Hey Kesh!!!
Wow
OMG Kesh
Time for a new channel; Practise Law with Jazza?
Lol not even, I pulled out everything I got with this one and it covers the surface only
Practise spelling Eduartboudewijn
Also, feel free to copy and remake anything pre 1900, as those topics will often have no copyright, so have a story about abraham Lincoln as a vampire slayer, or King Arthur in modern day, or Sherlock homes in modern day
Well one series did make king arthur a girl...
You do have to be a bit careful here because some countries and regions (like the entire European Union) have extended copyright to the life of the creator + 70 years. There are some pre-1900 works that were created by someone who died less than 70 years ago. Personally I think it's kind of absurd that anything from the 19th century is still copyrighted in any country, but I'm just telling you what the law is.
i just love it when you create something but you have no idea that some person thinks that they created it first.
yes. this happens. written agreements reign supreme.
I was always curious about your Let's Draw videos. I noticed that you often draw characters from popular comics or TV series. How do copyright and IP laws play into stuff like that? I assume its not an issue.
Roy Varghese it's completely legal. He just can't use the ideas and claim actual character designs as his own, but his drawing is his own.
Will Wood could he sell it, or would that be illegal?
Can i "redraw"/copying something from deviantart, disney characters, videogame characters etc.. and give credit to the original artist in my description? Is it legal? Because i want to make TH-cam Videos about, how i draw this character from an different artist ,and then upload it. sry for my english, i'm german. But on TH-cam, you can make money too, right? What would happen, if my channel, or my videos about this drawing, gets a lot of views? Is it still legal?
Glückskatze did you ever find an answer to this? I've noticed courses on places like Udemy which cover how to model a character from a popular movie or TV series. They are paid courses but because they aren't selling the model and its educational does it not count?
I ask because I want to create a course on modelling epic scenes for games and for reference I was going to do a city or castle from Lord of the Rings. Of course I won't sell the model and I'd encourage students to pick their own scenes. I'm a little scared about being sued so I'm not sure if it would be a better idea to just do something original that wouldn't attract as many eyes
subscribed .... you are great friend of all artists
Question: if I draw from a picture of someone I took on the internet (e.g. I draw a portrait of Taylor swift), are there gonna have copyright issues if I post it online? Do I need to put the link of the picture? If I sell my drawing, is it gonna be a problem?
Yes, you will have issues if you are going to be selling it. That photo is the photographers work of art. If you are doing an exact copy, the photographer will come after you, even if you credit them. This is a common mistake artists make, so don't feel bad. Reference should only be used for guidelines and not for the actual structure of the painting/drawing. The best thing you can do is find tons of reference pictures of Taylor Swift and form your own original piece. I hope this helps.
This actually helps a lot! Thanks :)
You could infringe the photographer's copyright regardless of whether you sell your photo or not. Lawsuits typically target commercial infringers, but it's still infringement to make an exact copy of a photo without the photographer's permission and post it online without making any money on it. It is by no means impossible that a photographer could come after you for non-commercial infringement. Please also be aware of publicity rights (also known as personality rights). This is a concept separate from copyright law which gives everyone the right to "control the commercial use of one's identity, such as name, image, likeness, or other unequivocal identifiers" (to quote the Wikipedia definition). If you were to form your own original drawing of Taylor Swift on the basis of tons of reference pictures, you would not be violating anyone's copyright. But you could violate Swift's publicity rights if you were to try to sell that drawing (depending upon the specific law of your country or state).
Photios Hey I need help, it’s really similar to this comment, there’s a picture of a karate person with a really good pose, I want to copy the pose but not trace it. Will I get copyrighted?
@@smileyartz A pose is a natural human expression (and hence a fact).....and facts are not protected under copyright law. Nobody can copyright a particular contortion of the human body. But it is possible that a court could find a photo infringing if the pose is the same AND there are other significant points of similarity such as a similar background, lighting conditions, etc. It would be wise to make sure the other visual aesthetics are significantly different so it doesn't seem like you ripped off the picture. It's also a good idea to not use the same karate person in your own image. I hope this has helped, though I'm not a lawyer, so this answer is not legal advice.
Thank you for makkng this video. I am in the middle of creating an original product and was researching about compyrights and ip and this video really helped with basic understanding.
I'm actually in development of my first comic and this is really the first time I'm generating something that is my 100% original content; I was just wondering if I automatically had copyright or had to do something to get a copyright on it then I saw your video pop up! Thanks for all the useful info yet again Jazza!
so if you register your comic, does the characters are registered as well? or would you have to register them appart?
@@Sacrengarddid you ever get an answer to this?
@@K1ngCarlton nope 😔
It's an excellent point about Netflix and Steam. Very important piece of information for us freelancers to keep in mind. Thanks as always for sharing!
I wanna sell my art Abstracts online digitally. Obviously I know I'm the copyright owner by default since I created it. But I wanna get my artwork registered before selling cuz I don't want other people using or selling my work anywhere else. I tried to register my artwork with the US copyright office but I didn't know you have to pay. I honestly don't wanna pay anything just wanna sell my art work
so if i draw fan art or fanfiction of my favorite characters and shows i can do that as long as im not making a profit off it and giving credit of the character to the original creator
Basically yeah, you can create artwork or literature of any character, but you're not allowed to claim it as your own or monetise it.
Furry Trash but what about those people who make charms, buttons, merch, etc and sell them at cons? How does that work?
@@Jenna_Talia No you can't do that either.
@@mistymoon2752 They're doing that illegally and just haven't been caught yet because the ip holders either don't care or don't know about it.
Never make fan content unless you want to risk a lawsuit popping up sometime in the future.
@@buster3041 Agreed! I will say though that practically speaking, nobody is going to get into trouble for drawing fan art in the privacy of their own home purely for their own amusement without distributing or sharing it outside the household. I'm sure millions of children have sketched Mickey Mouse or Donald Duck just for fun, and not even Disney would sue someone for doing that (despite it being technically illegal). But as soon as someone posts their fan art online is when the potential for problems can begin. Companies care the most about the distribution of illegal content, not what goes on (and stays) in the privacy of one's home.
What if your an artist and you paint a celebrating or famous figure and you resell that painting? What’s the legal stance in this case? The artwork is your own but...you’ve painted the face of a famous individual.
That depends on a number of factors:
(1) Photos of celebrities and other famous figures are copyrighted, so it would be infringement to simply replicate a photo in your painting without the photographer's permission. Obviously a person's face and other natural features are not copyrighted, but creative choices that the photographer has control over such as the person's pose, lighting conditions, background, etc. all contribute to the photo's copyright.
(2) It is possible to use a whole bunch of reference photos to get a good idea of what a person looks like and then create an original painting of him or her that doesn't replicate the creative choices in any reference photo and is therefore not infringing. But there's a second problem that now crops up:
(3) Selling your painting could violate their publicity rights if you don't have their explicit permission. To quote Wikipedia, "The right of publicity, sometimes referred to as personality rights, is the right of an individual to control the commercial use of one's identity, such as name, image, likeness, or other unequivocal identifiers." The specific laws surrounding publicity rights vary a lot from one country to another (and even one state to another), but there generally are legal restrictions when it comes to making money based upon someone else's identity.
(4) Publicity rights aren't eternal and do expire after a long period of time. Unfortunately, many of these laws do not define precisely when that happens. In one American court case, a judge found that Einstein's publicity rights expired fifty years after his death, but that case didn't set a precedent for the whole country. A different judge might reach a different conclusion. A good rule of thumb is to assume that publicity rights apply to famous figures who lived within "modern times" (even if they died some time ago), but ancient famous figures like Julius Caesar or even Isaac Newton are fair game. Celebrities from the earlier 20th century like Einstein or Marilyn Monroe kind of fall into a grey area because the law is uncertain here.
Anyways, I hope this helped answer your question.
What is most sad in digital copyright is that it is easy to copy anyone's art style without punishments. I know a great artist in Deviantart, but every month she getting messages from her watchers that someone has stole, trace or copy her style, character sand her arts that she is working with so hard... :'(
There is no such thing as “copying an art style” if there was then if someone says that drawing stick men is their “style” then no one could draw stick men and that’s legit something that everyone has done and is it stealing a style NO since no one owned it if they traced it then yes i’m pretty sure it would be illegal but not if your drawing is similar (if it’s exactly the same then yeah i think you can get in trouble but they can’t sue you *I think*)
These issues are exactly the reason why I don't put my artwork online. I am so scared of people stealing my stuff O.o Quick note here. One way to prove something is truly yours. Take any original works (sketches, doodles or character designs) that you don't need physically anymore and put them in a large envelope and mail it to yourself. And when you get it in the mail DON"T OPEN IT!" Just file it away somewhere safe. If you need it as proof for something, only let the judge open it. I am not sure why this works( never having to have to do this myself) but it has something to do with the time stamping from mail processing I think. Just something I thought I should share. I'm not an expert my any means.^-^
also you can do this with anything written or typed (stories, manuscripts, novels and the like) as long as its the first draft before editing and rewriting. And I think its better if it's written by hand. Its always a good idea to put the date on your project too.
Oh! and always sign your stuff....But you probably knew that already ^-^ Ok, I'm done now.
That is nothing but an urban legend, at least in America. It DOES NOT work! I appreciate that you want to help, but that method gives exactly zero protection in America. In the U.K., it might help some. Read this page to learn more: www.snopes.com/legal/postmark.asp
Robert Frazier
Good to know
I have a question, what if you make idk a Simpsons parody or something in that vain like a fan fiction and put it up for free digitally but profit indirectly from something like site ads or patrion? Would this be a huge issue?
I don't know for sure, my guess is that it's fine if you don't monetize the fan art of someone else's IP
I think the primary thing to think of is "follow the money," as Draw with Jazza himself points out. The more money involved, the greater the chances for trouble.
I had a conversation some time ago with this guy on Kickstarter who made, and makes money, from fan art: www.kickstarter.com/projects/jameso/a-league-about-nothing-if-seinfeld-was-a-sport?ref=discovery
He wasn't the least bit worried about it, and as far as I know has never gotten into any trouble. It seems "fan art," parody, and other such things can go quite far without running into opposition (Weird Al set the precedent on much of that, I think).
Also for education, there seems to be a ton of leniency, as shown in CinemaSins: th-cam.com/channels/YUQQgogVeQY8cMQamhHJcg.html.
That said, my lawyer friend advises me to be exceedingly careful, as big fines can come into even the most innocent of projects. He didn't want me to add a specific sport team logo in a video that had nothing to do specifically with the team and, if anything, gave the team praise. Huge fines can come of that without express written permission.
My other friend and I would like to post our TRON saga and STAR WARS saga as storyboards, but we're leery for this very reason. On the other hand, we'll probably post our BAT-DAD some day because we feel safer there.
Of course for most work, it will probably go under the radar un-noticed and un-touched. But I'd imagine that as soon as money starts coming through, the game changes drastically.
Just my thoughts.
I think its fine, criticism, news reporting, teaching, and research are protected by fair use, as long as you keep with these you wont need the permission from or payment to the copyright holder.
I suppose parody falls along the lines of criticism, take a look at the Starbomb album made by Egoraptor and Ninja Sex Party, it is 100% parody of nintendo games, they use the original names of the characters, locations, etc and they profit from it. Starbomb (Full Album) listen to their intro, they talk about copyright and fair use because nintendo is known for being very strict with copyright.
If it was a parody most likely not, you would be protected by the copyright laws "fair use" clause for satire/parody. I'm pretty sure you'd be fine there.
DennisJ this is a good one to watch. I may answer your question completely. I answered, clarified and revisisted most of mine. th-cam.com/video/GJmv8v-QI7w/w-d-xo.html
Very informative! Thank you for sharing
A lot of TH-camrs began to been up in arms over the last few years, relating stories of constant fights to protect their accounts from abuse of copyright law. Rallying under the slogan #WTFU stand for *Where's the Fair Use?*, they demand changes in how TH-cam handles copyright claims since the whole copyright system for online video is broken, allowing for obvious copyright infringement in some places, and punishing innocent people in others when Copyright was made to stand against piracy and theft but like every laws it is just is use to monopoly enforced through legal and to restrict the right of others to make something such as videos. A giant portion of TH-cam's material is unquestionably fair use, protected even under the highly flawed Digital Millennium Copyright Act, which provides a legal basis for copyright holders to issue takedown notices of infringing content. Which mean your videos are protected and any strike should be eliminate since your videos doesn't violent any Copyright.
But like any law Copyright is often abused by corporations and individuals, who routinely do not prove or even check whether content is fair use before issuing the claim. Companies that get bad press sometimes use the system to try to censor negative reviews or coverage. And because there is no penalty for a fraudulent claim, people often attempt to swipe the revenue from obvious fair use, or even from content they don't even own. TH-cam supposed to defend your rights, but it is silent on the abuse of claims by large companies. And in the meantime, the flaws in the algorithmic system have gotten worse and a striking example comes from film critic Doug Walker, from Channel Awesome, who received a copyright strike from Studio Ghibli based on an obviously fair use review of the movie My Neighbor Totoro. The channel's uploading privileges were sharply curtailed, and ad revenue was stripped from every single video. Attempts to contest the strike through TH-cam's internal systems went nowhere; the company did not even respond for over three weeks.
Only after Walker complained publicly in a video that got massive attention did TH-cam fix things. The fact that the system could threaten a channel as large as Channel Awesome with some 430,000 subscribes suggests that Content ID is starting to break at the seams, leading Walker and others to start the #WTFU campaign. So on the one hand, the law of fair use is being flagrantly ground into dirt, and on the other, the biggest social media company in the world is bootstrapping a video service with blatantly ripped-off content but the fact that the TH-cam copyright system is seriously flawed and can be abused by people simply wanting to take down some other's work, as TH-cam simply awards the claim to the claimant. But TH-cam it just killing itself since there is no longer an even playing field for TH-camrs to make videos, I mean how in hell are small channels supposed to grow when TH-cam is completely forbidding them to post any type of videos? Let's face the fact that today bigger channel are not going to stay forever and so smaller channels are important as much as the bigger channels.
This copyright problem is really destroying everyone and TH-cam itself... TH-cam used to be a place where people could go to have fun and make videos. Now you can't post a video without get a strike. I don't know what will happen with TH-cam in the next years, but there needs to be some changes. Not changes to benefit TH-cam and their partners, but to benefit their creators you know, the ones that keep TH-cam afloat aka us?
already had some issues with people using my stuff without even asking, sometimes i wouldn't bother to let them , but the fact that they didnt even ask got me really mad :\
Someone *please* help. I'm not ecaclty sure how to protect my artwork (It doesn't bother me too much if someone were to use it because I try to include a signature on everything) But I have so many ideas. I understand that for IP I need proof of an idea. But even if I have that would my story be safe? I don't have the money to get it copyrighted...
I know I'm replying three years later, but if you or anyone else still has this question, I'd like to share a few thoughts:
(1) It is possible in certain cases to collectively register the copyrights on an entire portfolio of your artwork as a single unit. If you qualify (and check the website of the copyright office in your country for details), then this would be far cheaper than paying a fee each time you register a single artwork.
(2) Embed a hidden watermark signature in your digital artwork that can't easily be detected and removed by any thief. Even if they were to claim it as their own, your invisible watermark would prove them a liar and a thief. Some free software programs like OpenStego do this kind of thing.
(3) If you're worried about others copying and reposting your artwork, what matters is that you can establish priority in time. For example, if it can be clearly established that you uploaded a piece of art to the Internet first (before any thieves reupload it), then the fact you were first in itself is good evidence supporting your ownership of that art. Most sites fortunately provide a timestamp indicating when something was posted..
(4) Do occasional searches of the web using reverse image search engines like TinEye. These let you upload a photo or digital artwork to their service and it will tell you if the same image appears elsewhere on the Internet. It's a great tool for finding someone who has stolen and reuploaded your artwork.
(5) And finally, I honestly wouldn't worry TOO much. Yes, it's wise to take reasonable precautions and be wary. But also remember that _obscurity_ is a much greater threat to the livelihood of a small artist than thievery. Focus your attention on making great art and putting it out in the public eye so that you gain increasing recognition for your hard work. That is the secret to becoming successful as an artist.
Photios thank you so much! Three years later and this is a huge help! 🥰 I’ve been selling my work for a while and this is exactly the info I needed.
first
letter of the alphabet is a
Dwayne Rock thanks for the info
third
letter of the alphabet is c. C like COPYRIGHT
This is a really helpful video!!!😊
Great video good insight I've been searching TH-cam for info about making sure my creations do not resemble or look like someone else's creations i don't watch many how to draw I've just done my own thing and don't want to accidently create something that looks like someone else work i do searches for title names on Google TH-cam but image searches seem impossible
Thanks Jazza this is really helpful and reassuring, as the whole thing of copyright is always very scary!
So what about laser engraving photos you find with google search? like jack sparrow for example? or even a clip art of a pirate ship?
Laser engraving a photo is making a "derivative work" because your engraving is "derived" from someone else's work. This is not allowed under copyright law if your reference photo is copyrighted and you don't have the owner's permission. You need to either find a public domain photo that has no copyright or get permission. Note that some copyright owners have already given permission to everyone by making available their photos under one of the Creative Commons licenses that permits derivative works.
Unfortunately it may not be possible to use a reference photo of Jack Sparrow because he is a fictional character invented for Pirates of the Caribbean, so all depictions of him are copyrighted. But I'm sure you can find public domain images and paintings of pirate ships and real-life pirate captains whose copyright has expired. (In the United States, anything published before 1926 is in the public domain, though the length of copyright protection may be different in another country.)
Perhaps Jazza could have been a lawyer. Or at least drawn himself doing lawyery stuff, at least.
Love you, Jazza. Your videos are so watchable. Thanks for all the great info. 👍🏻
This is good information, well-presented and can be applied not only to IP but all types of copyrighted material. Thanks for sharing.
Im not very sure about this-
Im sketching a drawing which has already been made, im not making any changes how can i tell people that its not mine but is kinda mine..
Give credit where credit is due! Add some kind of notice or tag to your drawing telling everyone who comes across it that it is based upon (or inspired by) another work (and give the name of the artist and the title of their work). Hopefully you also got permission from the artist to sketch the drawing which has already been made, or it is in the public domain or has been released under a Creative Commons license that permits reuse. Otherwise you could be infringing that artist's copyright.
A quick question. How does this work with video game background music? I've seen some monetized videos with normal video game music in the bg, so I'm wondering how it might work. Just curious to see if I should start using video game osts in my animations.
LET'S TALK ABOUT WEBTOON
I draw some people's art, but I ask permission. I also give credit.
And, I don't do it all the time.
What about fan art? I know a few people that sell their fan art. Any thoughts on that?
What a wonderful Informational video on ©. Anther video I recommend to watch after this one is " Everything is a Remix "
Can you copyright someone else's art (like how Oswald the Lucky Rabbit was copyrighted by someone else) [its not what you think]
Hi Jazza!
This vid is on the kind of what I was looking for! It totally worth it 'cause it's super well explained! Though it covers basic things about copyright laws and ownership protection, it gives a wide example of the subjects you need to worry about and put attention on.
Thanks a lot for sharing! :)
Have a good one!
thanks for this video!!
I have a more specific question. What if I want to draw Simpson characters, for instance, and I want to record the process of drawing it in a video and upload it on youtube. However, the reference I am using is straight off from a google image. Would I be violating the rights of the person who placed the picture up? What if I can't find the original creator? Would a disclaimer solve the problem? I'd appreciate any help.
Great video, lots of great advice. But, the last time I tried to get "advice" from this lawyer, and it went like "alright the fee will be $2,000 to have my thing processed" before he can even tell me if I'm qualified or not, and what if etc etc. I guess he was trying to tell me that I'm paying $2,000 to find out if I'm qualified or not. I pretend to accept the offer, and told him I will prepare my documents just so I can call him back few days later to ask him what are the requirements, and I think he has been on vacation ever since.
So busy for a lawyer who I see WALKING into his office EVERYDAY.
This was useful, thank you
I have written/created a shot comic series. After my idea was established, I took on two artists. How would Copyright/IP work for me?
i had an IP with a " friend " for over ten years that we was going to animate but in the end that person wasnt treating me like an equal partner and is now claiming all the ideas, designs etc including mine as her own. i have kept everything over the years but feel like its pointless, like i dont have a leg to stand on and now i worry about collaborating with someone new. However, iv come to realise that maybe ending the friendship was a great thing, no one should be treated disrespectfully but it does hurt seeing my side of things still being used like they own everything despite being told that, that's not the case and they clearly ignored the agreement to take our own ideas not the other´s half or all.
thank you for the great video regarding all the info jazza Draw with Jazza keep up the great work :D
by the way you told this i think she can use all of your ideas, but you can use hers as well (it's a dickmove but from a legal point)
so if i make a fan art style album cover (beat tape) i cant sell the beat tape
Thanks, friend. That's really constructive suggestions.
This intro!!!! I love it
Do you copyright everything you draw?
Anyone knows how those big art channels like @drawholic which make super realistic drawings of famous characters can get away with his channel monetization??
If I make animations as parodies of certain videogames (such as Alien: Isolation, Star Wars Battlefront, Tomb Raider, etc.) does it fall under fair use?
Yes, fair use states that parodies are allowed
+RetroGamerNO Thanks
all i want to do is find out how to get my character i designed copyrighted so people cant use it without my permission you had alot of info but to me it wasn't very helpful to me because you didn't show or explain how to go about getting the licenses to protect my work, why is it impossible to find a video on this.
I will never sell my fan art but can i make timelapse video of my fan art without copyright strike or something? Anyone?
I am creating a children's book, I hired a Vector Sketch Tracing illustrator - I gave. him my sketches - he turned them into a cartoon style image and added background. My question is do I credit them in the book as the Illustrator? and could I use the new images in my marketing? Or does my transaction in Fiverr give me all rights for the image? Any suggestions please - thanks
It's always a good idea to have the person you're hiring to do your art agree to an explicit employment contract beforehand so that there are no ambiguities with regard to these questions. It should always be clear from the outset who has the rights to these images and what you and the artist are allowed to do with them. Something to keep in mind for future reference. Anyways, here are some thoughts on your situation:
(1) I've never used Fiverr, but there may be some information in the terms and conditions of the site that will help answer your question as to who owns the rights stemming from this transaction. For example, if the terms state that hiring someone creates an employer-employee relationship, then "work for hire" likely applies, which would mean that you would own the rights for these images because the artist was your paid employee when they were made. However, work for hire may not apply if the artist is considered an "independent contractor" under the law. For more information, look up the Wikipedia article titled "Work for Hire."
(2) It's generally a matter of good courtesy and acknowledgement of their services to give proper credit to an artist, so I would strongly recommend doing so. Doing so helps the artist gain wider recognition for their hard work.
(3) It would be a good idea to contact the artist to discuss your questions and hopefully come to a mutually acceptable agreement (preferably in writing with both of your signatures). I know of cases where ambiguities in who owns the rights for images have led to a lawsuit. Things get murky when there are no written records or paper trails of contracts or agreements. You definitely want to avoid any possibility of this happening!
I hope this has helped and I wish you all the best.
@@photios4779 Thank you for your thoughts on this. I am putting together a document that will clarify my position and that of the artist. I mentioned to him that I would be happy to include his name in the book but not as the illustrator since I provided the original sketches. He agreed to that. Thanks again for your guidance.
hi jazza and everyone. really like your videos jazza! i have a question, can i monetize my own drawing videos of marvel, dc, Star Wars etc. on TH-cam?
Who owns copyright if work for hire and art was entered in contest? Art is enhanced photo of client
"Work for hire" refers to copyrighted material being created by paid employees at the behest of their employer. The employer owns the copyright because the creator's salary or commission payment is their reward for their creative efforts.
Generally speaking, the copyright owner retains ownership in any art that has been entered into a contest. If that art is a work for hire piece, then the artist's employer owns the copyright. So if the artist who drew it wants to enter it into a contest, they NEED the permission of whoever commissioned it because they are its legal owner.
But I have come across news stories about a few contests where the submission rules state that entering it automatically transfers copyright ownership of all submissions to the organization or person running the contest. This is why it's important to READ any rules, terms and licensing conditions associated with any contest they are thinking about entering. Otherwise they might be in for a very nasty surprise.
this was honestly very helpful, i went to a art school and yet they never really touched upon copyright
Lol 😂 they're getting you ready for a job, not self employment.
@@creativeculture6474 a job in arts administration, or am I being too cynical there...
So Jazza understand what Copyright is.
Here is question for all of you. Is it legal alter original painting you purchase and make TH-cam video while doing that to earn some money?
Can I use a reference picture for hyper realism drawing and post my drawing on Facebook or Instagram?
So I have 3 mascots. Would I need 3 trademarks? I also have a logo that needs trademarking
thumbnail looks like Capsule Corp logo from DBZ
What about youtube cover singers? Are they copying, or youtube lets them?
I was supposed to draw some characters and put it into keychains to sell. But now I believe it’s a bad idea 🤦🏻♀️
Yeah, that's a bad idea unless you are drawing original characters of your own creation, or have permission to use someone else's. You've got to be careful when it comes to copyright, especially when you're selling merch.
if someone creates and adoptable for me by request- and i made a good story around it and want to protect the character by registering it under ©/IP, would there be a problem? or would the person who made the character tecnically have the IP?... o~o
like, basically they made the character for me and gifted it
Ruby Angel if you bought it the character belongs to you.
This the question I was looking for like if you buy a character/drawing from someone can you make t-shirts and sell It or does It belong to the guy who made It even though you pay to him to make It for you.
How do I get intellectual property copyright of characters through library of copyright ?
Hi, question:
Now how does he have the ability to post these pictures of simpsons of they are copyrighted?...
I mean isnt that what he was talking about
gggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg
What about character with a different original look, how is the best choice to protect it? I talk to lawyers but they don't seem to get the right version of protection and I have no idea how to protect a character that's used by me only in my art and stories, like the comic book or video games characters. How do you patent the characteristics of the character so it would be illegal if someone else would draw/sculpt or write about the exact characteristics? Thank you! I keep searching but I'm very in the air
And yet so many consumers believe that commissioning an artist entitles them to a Work for Hire contract not realizing that work for hire only applies to independent contractors not freelancers.
If artist knew their rights there wouldn't be hungry artist anymore.
The fact is if you live in the US your artwork is constitutionally protected as your property.
We freelancers own all the IP on all are work even commissions so we can charge for commerical use and dictate terms of use.
Don't accept commissions from people who aren't clear about how they intent to use the work and don't give your art to people until they sign contracts agreeing to your terms of use.
I swear we need to create guilds again to protect each other.
Thank you so much for making this approachable. This is a must-see!
Ya, the way i see it, you just learn to make everything yourself, it takes time but in the end everything fits together better and the work is more yours.
Hey Jazza! Your videos are really great and your explanation is very clear! I'm an illustrator from Brazil and I'm just beginning to rely on the perspective of succeding in this area (in here art is not much appreciated usually). Your youtube channel really made me feel guided somehow and I thank you very much for it.
Also, your books seems awesome! And they're with a good price as well, as soon as possible I'll purchase them :)
Hugs and byes
why am i watching this
What if its tracing over a celebrity, digitally, filling it with colors and adding no details? Does anyone have copyright over that if they make it? I(t's not invented or a created character)
Ol Larry of K peeking out. Miss that guy. Thanks JB appreciate the thoughts
thanks this helps a lotttttttttttttttttttttttttttttttttt!!!!!!!!
man i am working on a comic book i what to show it to the internet but i dont what other people to copy it and i am 14 help
Can somebody answer this? Let's say I decide to draw a picture of let's say Superman, lets say I wanted to sell this drawing, but I don't want anybody to be able to copy it and redistribute the drawing as their own. But I'm assuming you can't just draw somebody's character and copyright the image, but many people do this even for a living , how is this done?
It is illegal to sell it however the drawing is still urs so its ok to post it just NOT sell
If I was to draw nicklelodeon characters on a t-shirt in my own perspective, would i be in legal trouble if I sell it?
Yes. This explains why you always see bootlegs of characters - near direct copies, that are written off as original. You know the intention but it's barely skimming the long arm of the law.
…sooo I want to make a story
What’s the straight forward solution to prevent my work form getting stolen?
Very helpful.
hello can I use a free copyright template to obtain the copyright for a commissioned piece
Toei animation ?
Thank you for this informative video. By the way, your accent is cute :D
hmmm ok this help but still.... mmmmm......
If your good and have a talent just batch copyright a load of stuff in one go and title everything as you go. Use sites like worldwide OCR, worldwide copyrighters for your digital file where a company timestamps your creation. Use the company in your sease and dissist orders to the perpetrators.
Someone wants me to make a spy girl holding a stick, so I search up for something similar and I saw a person with a extremely good pose but there’s copyright protection. Do you think it’s ok to copy to pose but not trace it? Will I get a copyright strike?
very valuable details, thank you for shearing this clip.
thank you for watching!
when it comes to doing things like fan animations or getting songs/other audio off of youtube/vine/ect. is there any way to know when it is copyrighted and you are not allowed to use it under fair use? sorry if this was asked before or you went over it and i missed it, i'm just really hesitant to start making videos because of copyright.
I was waiting for an episode like this, thanks Jazza :)
can you monetize celeb fan arts on TH-cam?
Thank you for posting this! I feel like a lot of artists misunderstand what "copyright" means when it comes to art. Have a good weekend!!:D
I'm very much new to all of this and wonder if anyone can 'idiot proof' me on a couple of basic questions. I'm looking to create a non profit website showcasing my digital art and design work. Most of it is original content but one or two pieces are fan art.. Marvel and Manga related pieces basically. Is it a big no no to put this stuff up even though I'm not looking for any financial gain? Secondly in my earlier stages of practice I followed some youtube tutorials from well known industry digital artists. Am I likely to land myself in trouble for showcasing these on my own site or any others Deviant Art etc. I m more than happy to reference the original artists ( these guys are my heroes after all ) but I get the nagging feeling that might not be enough! Thirdly and lastly, I know I said two basic questions, I wonder what the ramifications may be of showcasing work, again for non profit, that have photo backgrounds taken from google image. They have been quite heavily manipulated beyond the original source but you can never be too careful right!? Thanks for video Jazza, yours is one of many great channels helping me along my artistic path!
This is just an example: If I were to make a lets draw video of Pikachu and posted it on youtube and then monetized it. Would I be infringing on Nintendo's copyright and trademarks.
Quick question. So is drawing a picture and posting is illegal?
Great video jazza. I guess i have a question about music. In my animation i do want to use copyright nintendo music, but i understand that i will never be able to monitize it. Right now i am creating a series that will not be monitized since i dont have that many subs or a viewing audience. Do you know good sites that provide free music for use for animators? I know youtube has someofferings. Or maybe make a video on how to help us create our own tracks. I love your videos , cheers!
Imho all human product should be subject to patent law, including intellectual property. As the author of that idea or manufacturer you should expect protection from theft of your assets for 10 yrs but after that it should be free for pilfer because humans and all animals copy ideas from each other and hence its basically the way of life.
Why should artists not be subject to "what have you done for me lately" like everyone else is?
Musicians should be performing, Writers should be writing, Artists should be creating just like engineers , chemists and doctors do. Just sayin
You did it! Thanks a lot. What about softwares? A 'friend of mine' may be using softwares that were downloaded for free lol is a Copyright guy gonna come knocking down his door to check whether his softwares are legit?
Loved the Video! Helped a lot! But my one question is. For example. If I made a Chibi version of the simpsons. with lets say Final Fantasy like clothes. And tried selling it as a T-shirt. How would that work? Would I still be in big trouble, even though I would change the version of the simpsons and use my own ideas for the clothing but have like Maggie be a mage, Bart a knight, Lisa a Dark Mage and so on..