How to Protect Your Art from Being Stolen - Tips from a LAWYER
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- เผยแพร่เมื่อ 5 ก.ค. 2024
- How to Protect Your Art from Being Stolen - Tips from a LAWYER // Are you a painter, musician, or digital artist? Do you really know your RIGHTS to your art on social media? If not, stay tuned! 🔴Also, get my FREE “Social Media for Artists” Checklist Here: goo.gl/gY98eG 🔴
Welcome to today's "Heart of the Matter" video where I discuss social media for artists - I help you in learning the law and understanding your five rights. As a copyright lawyer, I also give you social media tips for artists. Are you one of the many artists on social media? If so, you're not going to want to miss this video. I take you through, step-by-step, the rules of social media. You can use these rules for your business or you can treat them as social media tips for individuals. In this video, I discuss the five, not 10 rules of using social media. You can also apply these concepts for a general social media for artists discussion and as a means to getting a copyright strike removed.
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The best part of today’s video discussion on social media for artists is that you can get my FREE "Social Media for Artists" Checklist. I encourage you to download this Checklist, 100% FREE, and use it each time you need social media tips or generally want to understand the rules of social media and copyright law.
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One thing that is really important to protect pieces of art, as artists on social media, is to register copyright USA. It is significant because it provides evidence to a later courtroom proceeding that you intended to protect your art, learning the law, and had no intention of giving up your copyright.
If you have any questions about how social media for artists, I'd love to hear them! Please put them in the comments section below!
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• How to Protect Your Ar...
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Good stuff @Ian! Does Right #1 hold up when content creators have their "art" on platforms like Itunes, Anchor, Spotify? I'd imagine those platforms can't use Right #2 to say this is "Spotify's Art" and we're going to use it now???
Great info. I totally disagree with the court’s ruling ...unfair to the original artist. Especially when it’s so obviously ripped off.
No the court missed the mark. That was clearly an injustice. I love seeing you out and about Ian. Thanks for sharing.
I agree with the courts decision :-)
Wow, that blue dots case made my blood boil! Definitely a big, fat "NO!"
That ruling actually encourages vandalism and copyright infringement.
That ruling could be used to negate everything else discussed, like right to show, right to sell, register and even the shred of creativity right and Franklin could have won the case versus Apple.
Put blue dots on it = copyright automatically transferred. Paste a guitar on it = now have a right to make money off it.
So unfortunate. :(
Ian, this is great. I have a copyright lawyer that I pay about a thousand buck a minute. Lol. Little did I know I could get everything I know from your videos! Thanks brother!
That case was hogwash! A quarter of the photo was altered. That means 3/4 of the photo wouldn’t exist without the original artist’s input. 👎🏼 he should have been entitled to royalties the very least. There’s my two cents thanks to “The Good Wife”
Ian Corzine wasn’t the whole case based on that he violated copyright law?
Personally I disagree. Its not for us to determine rather the art is good or not. I think the remake is a piece of junk as far as art is concerned. But no one is going to buy the remake looking for the original... And if you think about it. anyone that see's the remake and LIKES the background picture will research where the original came from. If anything its a form of free promotion.
I think a big fat NO to the first question! And I'm thinking that the law is still a bit vague and people can probably find work arounds to basically steal someone's art, unfortunately. Seems a bit tricky.
I think if he had permission to alter the photo from the artist then go for it. The music in my videos are from the youtube library of sharable music, PLUS, I didn't alter it, I'm only sharing what the original artist created. And if I am asked to put a credit on my video description to the artist who created the music I am more than happy to do so.
So, it's a bit tricky. But I believe the original artist should have the say as to how his art is used. So, as you suggested, if you want to protect your work you can get it legally copy written.
A lot of artists give their work out to companies like BigStockPhoto, and so they are knowing that the art may be altered when they agree. It's their choice.
Oh, makes me think of another question. Did you take all that video of Chicago for your video. It was awesome. OR, did you purchase the use of it?
It's interesting that people are not supposed to be posting covers of songs - it seems like such a common thing to do now! Didn't know about the licenses you need. Great video, Ian, cheers!
There is a lot to say about covering songs though.
If you change a verse here, add an element there, shorten the song etc, the end result is so different that despite people saying "hey this sounds like " its still ok.
Thank goodnes! because if it wherent for that people couldnt post anything anymore! :-(
@@CirqueitOfficial just say you have no talent and have to leash off of the real talented people in the world.
@@noistune5707 Hang on, I'll say that to the 16 gold medals I won at world dance competitions as well as an award for best choreography in a musical 😀
Talent has many shades, "composition" is only one.
Love the Chicago location! I don't think just the addition of blue eyes justified the "new" art. There needs to be a higher standard of creativity to justify someone saying "they created" something.
No and the courts get it wrong often....IMO! Great content Ian!
I can always count on your to bring out content that I had no idea about! You are such an amazing teacher! :)
This is really ,great advice Ian! I did not know the cost was so low to register your work of art. I do think as more and more people "copy" songs, digital information, etc laws (as if we don't have enough of them) are going to have to get more specific.
Whoa Ian your videos have improved SO much compared to some of your first videos! Love all of the b-roll in this one! Thank you for explaining these rights and giving real life examples! There are SO many music licenses - when I do my video on how to find good music for TH-cam I’ll definitely link back to your video for those who have questions! ♥️
This is right up my alley. Thanks man. As a songwriter this was very informative! Thanks and nice to meet you.
Wow! This is very useful! #2 and #3 are my favorite! There’s always so much misinformation out there and you clarified a lot for me in this video.
Learning this stuff is huge. Thanks! Thanks BOSS !
Ian, what a great post! I loved the information and the atmosphere you created! Great Job!
Right 4 surprised me. Very cool.
Plus yes I agree the picture was changed enough. Great video!!
Thank you so much Mr. Corzine! You answered my question completely. I appreciate the free advice.
Another thing I noticed a lot on facebook on the sale area. Individuals ask others "what you got? show what you make". I see this a lot. And I always had in the back of my mind that these individuals want to copy you. they are not asking to show for them to buy.
Excellent my man!!! Somethings in here that I never considered.
"Lawyered" takes a long time to become proficient at advising people about the law. It's a craft unto itself whether to use facts to disprove or defeat another's argument or protect your rights & property. The artistic creative recovery, which teaches techniques and exercises to assist people in gaining self-confidence in harnessing their creative talents and skills. Your academic discourse and everyday speech is an art form in of itself. Thank you for taking the time and supporting a community with clear well-organized information presented in a workable format and great technic.
Ian! Your energy is always so great and you share such helpful info. Subscribed and looking forward to your tips. I always get so nervous about all the legal stuff. Thank you!!
This is amazing, I am so happy that I found your channel! So I am an artist and I actually never knew about these rights. Thx for the great video!
You so welcome. 😊Thank you for watching AND please let me know if you ever have any questions.
Ian Corzine ok,thx again, I will most definitely be referring to your channel when ever I need to understand these types of things! I hope you have a great day as well😋
WOW! I loved the stories you shared! I think it did change the character but still permission should have been asked.
Good topic and information Ian. Thanks for your advice on how I can protect my art work. I will be busy with school soon, but I will try to check in once in while.
Super helpful information for artists! Plus, the B roll was so awesome! Hope Chicago was fun!
Such a great video with such lively editing Ian! Deirdre. X
Ian Corzine thanks so much! X
Thank you! I was wondering if I can show the checklist to my students.
Awesome information as always.
I have gotten a copyright strike once. It was for a song that I composed and had all my paperwork (in my name) from the U.S. Copyright Office. It took forever to get the strike removed even though it was my own creation. The problem I saw, was that TH-cam only wants to work with bigger artist and not the smaller creators. I currently do have a copyright notice on today's vlog. The music belongs to my guest in the vlog today. It would be and easy fix, but I do not care because it is not a strike.
I was thinking of creating a 2nd insta for my drawings. Im getting back into it. What should I do when it comes to making sure ppl dont screenshot it and claim it as theres for either making money from it or sumn else? I just wanna be sure and safe b4 I was to start posting my original art work. Thank u! Ur opinion is highly appreciated!
3:01 That case was decided in the 2nd circuit. Have others taken that as doctrine? Alphabet is in California, which tends to lean towards protecting the creator. (For obvious reasons)
This video has made me think long and hard. Thank you!
@@iancorzine never to busy for my fellow bosses Ian ☺
very good and informative video..thank you for sharing the tips. it is really helpful.
Great stuff my friend, very helpful.
You travel a lot for your videos!!! Anyway, I would say YES to your question. Great video. Very interesting cases to demonstrate your point. Thanks.
I guess I would be fine with it because you would be doing with a specific purpose - maybe to make fun of me or criticize me or praise. I think you have right to do that. No?
Thank you! My questions were answered !
Yeah for you!!! I'm so glad I could help you. Please let me know if you ever have any questions in the future. Thanks for watching. 👊😀
You're in my hometown! I'll be there for a visit in a couple of weeks and will def hit the Art Institute. This is such an important topic! I know so many musicians are afraid to share their work for frear someone else will claim its their own!
Yes! It's so fun. I used to live 2 blocks from Wrigley field but moved away 19 years ago. I go back at least once a summer/fall though. Was just there in July and headed back in September. Such an awesome place when it's not frozen! Ha! Austin suits me just fine the rest of the year
Is it bad that I listened to this more than twice? You gave some seriously great nuggets here.
I would say if you looked at the pictures separately they would have different meaning but side by side it is harder to distinguish.
I had not looked at his art until now. Looks just like a can you by at Walmart. Is there a story behind it?
Ian, thanks dude!!
This is so helpful!! 😊
Great stories Ian! 😉 Who knew you could change the photo and use it. It sounds like the patent laws.
Love your videos!
Thank you so much for sharing, Ian. I've got one question: If I sell digital art on Etsy, do you recommend registering my art in the US (Since Etsy is established in NY) or in my country?
You explain the legal information so well. It must be really hard being an artist and protecting your work.
It absolutely is!!!
Chicago! Ian, you’re in my next of the woods, man!
I love your work!!
beautiful setting
I love the images in your video! What do you use to film and edit your video?
Ohhh these copyrights are soooo much to learn and remember.
No as a former professional photographer I believe the image wasn't altered enough to call it original.
No. On your first question.
Whoa Chief. LOL. I just thought coloring the pic a bit wasn't enough. I'm comfy deferring to you and the law!
(This A legitimate question I'm about to say, because i feel like I'm not getting any clear answers from him)
Is it wrong adding stuff to a piece of art like that? Has there been any lawsuits of it?
An example i saw, someone worked on this piece of art, then i saw it being reposted by this cosplayer replacing this character on the art with a picture of him. You can copyright claim that right?
Just asking is all 🥺💖
Man your videos are next level!! Really good! Very interesting topic!
btw - NO :)
Very informative sir..
Ian, this was excellent! I learned so much from your video. And I was surprised about the ruling on the blue eyes and guitar guy. I don't think it was a fair ruling. It's kind of a bummer that you can just add a few things to someone's creation and call it your own.
Ian Corzine I think the difference lies in whether or not you have asked for or been granted permission to use it. Based on what you shared in the video, it sounds like that wasn’t the case.
Wow, this is crazy! I can’t believe right #2!!!
Ian Corzine no strikes thankfully, I’m sure I’ve had some music playing in the background of something... maybe not on YT though. On FB or IG... 💜
Yes
So can I still claim a picture to be mine and apply this rights fully if it's not registered? Is it protected?
Hi Ian. If I slightly crop a photo of my painting to sell prints online, should I copyright the cropped version or the uncropped?
@nickc9070 wrote, “If I slightly crop a photo of my painting to sell prints online, should I copyright [register] the cropped version or the uncropped?”
As long as you’ve registered your full-size (full-frame, un-cropped) painting image, you can crop it, and it will be protected under your original full-frame copyright registration.
Ty sir
An emphatic NO. When a music artist samples a sound bite from another artist is considered plagiarism. The same should be applied to visual art.
*Question:*
What's the loophole to copyright Infringement meaning how could 1 use a digital image and add some features to it, make a physical product out of it and monetize it???
Also can an Attorney draft a contract that states if anyone goes to a website and see a copy written image that they cant sue the owner of the site or a contract that States how much can be gained if a lawsuit comes forth for that particular image???
YES
If I create a comic book and I want to protect all the characters within it, which is the best way to do it? Do I need to copyright each character individually, or can I just copyright the entire comic book and everything within it , the characters, script, etc... are protected with one copyright?
The facebook group is a great idea. It can give us a niche location to help with some tips to protect ourselves from losing our hard work.
In a perfect world the photographer of the rastafarian would receive a percentage of the sale of the "ever so slightly modified" original photo. Booyah-Kasha! Actually the photo was modified quite a bit. But the amount of effort that went into those modifications was not much! Love your content Ian. What are your rates should I ever need to hire you? And what is your success rate in court?
Hi there Quiet Bear!! 👊😁 Thanks for watching and for providing your insight. My contact information will be provided shortly as soon as my firm's website is updated.
Hey @ian, I am based in India and own a design studio. We produce lots of graphics and even videos and they are then put up on Instagram and TH-cam and other platforms too. Is there a way I can get copyrights for each piece my studio produces ? Bcoz I have seen the ©symbol in IG posts at places. Even your video description has the ©. I really wanted to know if there is a way that all the digital content we produced and will produce in the future under our label, can be copyrighted together? As doing so for each piece is too expensive and takes a lot of time - so I Can't upload them online soon too..
yes
I gave a painting for an auction, and it was returned, unsold. The auction house came to me for another work for an auction, and this new staff blurted without any clue of how her auction house scams artists that the painting earlier was sold. The original is with me. I kept quite. So they made a print on canvas, coated it and sold it as an original. What to do, I'm in India!! Help.
Hello, I'm having a bit of a problem with getting the free template of the checklist. I did not receive anything on my email, and on my other account in my second attempt.
This was so interesting to watch! Lots of good information here...I sort of agree with the courts decision but I’m unsure....that’s why I’m not a lawyer 🤣
Ian Corzine no I’ve not had any copyright strikes 👍🏻 One copyright notice re a piece of music a while back! So glad I found your channel, just been watching your ‘movie clips’ upload too...I included one clip a few weeks back as a thank you to my followers but don’t think I’ll include any more now 😊
Yes bc it looks like a different photo…you can’t even tell who the person is 💯…artist💯
Hmmm i might like yhe idea of people taking what i have found/made
Cariou vs Prince... They settled out of court on the photo you showed. The court passed on that image and a few others and remanded those to a lower court so they settled on those images.
Thank you so much for watching!Yes, you are right.What an interesting case!
I got 10 art design in the process of being copyright as of right my case is still open now I did electronic online it seems like it's taking for ever to process all 10 design.
Yes, I do think the nature of the art was changed!
Hi! Am Racheal from Nigeria. Thanks so much for sharing the 5 right of protecting my art work on social media. But please I need I need you to be specific. Is there any app I can use in protecting my art works?
What about forms you create? How do you protect those?
This is a great topic, and I understand the ruling for the altered photo with the blue eyes and guitar, but...it's such an unfortunate use of such a beautiful portrait...
No. And artist! When did this copyright three strikes come into existence? And is this only on YT or other platforms?
I'd be quite interested in knowing how this knowledge can be applied to NFTs and stopping said NFTs and art from being illegally sold and redistributed.
Is a recut of a movie, like making The Shining into a feel-good family movie, considered transformative?
Thanks for this informative video! I don't post most of my artwork for this very reason: theft and manipulation of original work. I think the courts got it wrong, so it's a NO from my pov. Try doing that to an Ansel Adams, Rembrant or another work of fine art...or even pop art like Andy Warhol and see if you don't get fined for plagiarism or vandalism in addition to copyright infringement. The amount of thought, creativity, vision, inspiration, practice, technique, workmanship, etc. gets tossed into the trash when stupid add-ons make a joke of the original intent. I also see potential racism in this decision: had it been a white artist's work altered by a black artist would the verdict have been the same? Makes me wonder.
Thank you so much. Iam getting ready to start my TH-cam channel which will include some art from my brain. I dont want ppl to take my web design and called it their own.
LoriG
Ian, if I can use my own copyright song I wrote, I won't let everyone steal my copyright work without permission.
If they get the permission with a full credit, I'm sure everyone uses my music as a music background.
If someone did use my work without asking permission, I'll copyright strike them.
What if I made a specific design on an handmade artisan soap. Can I copyright that design so no one can copy that design?
@tracyphoenix8 wrote, “What if I made a specific design on an handmade artisan soap.”
If your design is “original” to you (i.e., you didn’t steal it from a third-party or source) + you include enough creative expression + your design fits within the scope of copyright subject matter, then you work is likely copyrightable. Ideally, *you want to include LOTS of creative/artistic design to have a STRONG copyright claim.*
FYI: There are certain things that are not copyrightable, including simple shapes & familiar symbols (by themselves). US Copyright Office’s Circular 33 (“Things Not Protected by Copyright”) has a lot of good information. If I post a link to it, TH-cam may not post my comment. So, enter “US Copyright Office + Circular 33” in an Internet search to get the official link.
You won’t know if your work is actually copyrightable unless you register it with the US Copyright Office. Register your work IMMEDIATELY!
You can register ONE un-/published work via the $45 “Single Application” (also known as *One Work by One Author)* if you solely created the work (no third-party contributions or co-authors) + you’re the copyright claimant + your work is NOT a-work-for-hire (WFH) project (NO corporation work) + your work does NOT include any third-party creative media (no Creative Commons, no AI-generated work, no licensed creative content, etc.). You MUST have created the ENTIRE work yourself!
If you don’t qualify for the Single Application, use the $65 “Standard Application” to register your one work.
@tracyphoenix8 wrote, “Can I copyright *[register]* that design so no one can copy that design?”
If your design is simple, then you may only have a “thin copyright.” It’s also possible for other creatives to “independently” create designs that are similar or even substantially similar to your work, and that’s not a copyright infringement, especially if they never had access (never saw) your design. So, adding LOTS & LOTS of artistry can make your copyright claim really STRONG (and unique).
so then what can really be done if a big business steals your art & sells it printed on tshirts & tapestries? why is it impossible to go after them to get paid?
As much as I hate the ruling on the transformation of someone else's work, this can also go into the complaints of TH-cam's copyright guidelines not too long ago right? Sometimes youtubers reuse clips of other's videos or photos they just found on the internet. In that debate, many people were against TH-cam for giving these creators copyright strikes/demonetizing videos for doing this and many agreed they were 'transforming' the work therefore should be allowed to use it.
I disagree also. A huge portion was the original artist's work.
I can’t find the free checklist. A more detailed way to find it would help.
What is determined to be a "work of art"?
4:32 I disagree with you here. He personally probably doesn't care but it's not him deciding it's the licensing company that owns the rights.
I wanted to confirm the checklist but it’s not letting me
I think yes and no. No because the initial artist still conjured that image and feeling. What would the next person have without that original artist creating this image to begin with? Yes because the second person did contribute to the final outcome but it doesn't seem fair for the original artist to get nothing for it. I would say 70/30. We need to stand up in these situations because I can't imagine working on a painting for weeks or even months and then someone coming along a placing a pock a dot on my piece and calling it their own, I would be pissed.
Agreed!! 👊😀 Thanks for watching and for sharing your thoughts.
@@iancorzine! Thank you..for the content and appreciation :D
😀
What is the law for an abstract drawing that someone downloaded and played with, removing some details and changing some colours.
Do I have a right to my abstract art? Do I have a right to say I don't want my drawing altered? Do I have a right to say I don't want it downloaded without my permission?
You mentioned changing a photograph but what about a drawing or painting? Do I have rights for this?
Do the laws you talk of only apply to the USA?
@ShoshanahShear wrote, “What is the law for an abstract drawing that someone downloaded and played with, removing some details and changing some colours. Do I have a right to my abstract art?”
When you create artwork, you own the copyright and other EXCLUSIVE legal rights, including the right to create “derivatives” (modifications) of your original artwork. For example, I’m a photographer and someone takes one of my copyright-protected photographs and changes it into a different medium. Unless their use falls within the scope of Fair Use (UK’s Fair Dealing), they can NOT exploit (modify, change, reproduce) my photographs into their drawings, sketches, illustrations, paintings, etc. without a permission license (and payment) to me. This example also applies equally to your abstract drawings.
@ShoshanahShear wrote, “Do I have a right to say I don't want my drawing altered? Do I have a right to say I don't want it downloaded without my permission?”
Yes, absolutely! You have the exclusive right to control your work and determine who gets to exploit it, or no one at all. Your drawings are you exclusive property rights. If a third-party proceeds without your permission to make copies or derivatives, they can be copyright infringers.
@ShoshanahShear wrote, “Do the laws you talk of only apply to the USA?”
The information I’ve provided relates to US copyright law. I imagine copyrights & derivative formations would be similar in the UK, EU, Canada, Australia, NZ, etc.
Even if you’re located outside the US, you’re very much encouraged(!) to QUICKLY register (PROTECT!) your design drawings with the US Copyright Office (USCO), especially if you’re selling, licensing, sharing, distributing, etc. them on US social media platforms and/or to US clients. Having an issued USCO copyright “Certificate of Registration” in your hand permits your US attorney to pursue statutory damages and possibly your attorney fees against US-based copyright infringers.
It’s also legally advantageous to affix one or more watermarks, logos, your name and/or copyright attribution with URL and/or social media handle, metadata, image title, licensing information, and/or other *“Copyright Management Information”* (CMI part of the DMCA). US-based DMCA violators (copyright infringers) who knowingly/intentionally remove, cover-up, or change a watermark and other CMI with AI, Photoshop, or another editing software to hide their copyright infringements and/or induce others to infringed, can be liable for your actual money damages and/or the infringer’s disgorged profits OR US$2,500 to US$25,000 in statutory damages PLUS attorney fees PLUS legal costs (at the court’s discretion).
Importantly, US infringers who knowingly remove or modify CMI can suggest WILLFUL copyright infringement to a US federal judge. If you’ve timely registered your copyright, you may have two causes of action against American infringers: Copyright infringement ($150,000 max.) + CMI violation ($25,000 max.) = max. statutory damages at $175,000 + attorney fee + legal costs (at the court’s discretion).
Send me a reply if you need tips/links on how to register your works with the USCO.
One problem - I can't afford a good lawyer.
@samikalastaja wrote, “One problem - I can't afford a good lawyer [to pursue US copyright infringers].
If you have timely registered your copyright with the US Copyright Office + the infringement is NOT within the scope of Fair Use + the infringer is NOT judgement proof (has money to pay you damages), there are US copyright attorneys who may take your infringement case on a contingency: The attorney would take, say, 40% while you would keep the remaining 60% of any money damages received.
Timely copyright registration really counts!
So you can protect your fanmade characters from a show already made. but they have a different story?
3:42 any known lawsuits about this? Which side won in those lawsuits?
How do I copyright my art ?
Can i recover my old messages ?