Copyright for Creatives webinar to provides creatives with a foundational grasp of what copyright is and how it functions. Copyrights are for literary, musical and dramatic works as well as visual arts and architecture. Copyrights are in fact mentioned in the constitution and are applicable to “fixed and tangible mediums” (ie – performing a dance move would not be copyright eligible, but writing down choreography would be.) Creative works must be original, fixed and involve minimal creativity to be copyright eligible. Items that are unable to be copyright protected are covered in this webinar, including phrases, facts, and ideas. Copyright holders have certain related rights, including the ability to sell, distribute, display, create derivative work, perform and make copies of the work with the copyright. Fine artists who sell their work still retain the artwork copyrights they hold.
Copyright infringement is covered, along with what constitutes how copyright infringement can be pursued: first, you must prove you are the copyright holder and second you must show that the work was copied without your permission. Types of copyright damages are identified and explained. Exceptions to copyright protection, with an eye to fair use, are also covered in this webinar. Fair use is explained with careful attention to free speech in art, along with explanations of how courts have treated fair use in past precedent. The four-factor test for fair use includes amount and portion used, nature of copyrighted work, the purpose of the use and the effect on the market. The case Cariou vs. Prince is discussed along with its implications. Schlackman also addresses copyright duration and its implication on artists’ work. The Digital Millennium Copyright Act is also addressed, and questions from viewers were answered during the webinar.
As a photographer and Patent Attorney with a background in marketing, Steve has a unique perspective on art, law, and business. He is currently serving as the Chief Product Officer at Artrepreneur. You can find his photography at artrepreneur.com or through Fremin Gallery in NYC.