Copyright, Fair Use, and Plagiarism in Art

  • Copyright is protection for intellectual property.

  • Intellectual property consists of anything an individual has written or created. It might be music, text, pictures, photographs, sounds, and so on.

  • Fair use doctrine is part of the copyright laws. It states that limited portions of material may be used without written permission for certain purposes, such as reporting the news or schoolwork. It doesn’t define “limited,” though, so be sure you don’t overuse material. The fair use doctrine requires you to give credit to the author or creator of any material you use.

  • Derivative works are copyrighted materials that have been altered or changed. Such material is protected by copyright laws. If you alter a copyrighted photograph by using computer software, that photograph is still protected, and you may not use it without written permission.

  • Academic standards for copyrighted material are higher than others. Because scholars and researchers study so many different ideas and are responsible for sharing those ideas with the world, they are required to satisfy higher standards of honesty. They must give credit not only when quoting someone else’s exact words but also for the ideas those words represent. As a researcher, you cannot paraphrase what someone else says and not give credit for it.

  • Bibliographies are lists of sources that have been used in research. When using the Internet for research or for design work, you need to give credit where it is due. Often, people who use graphics and images from the Internet for publication on their own web page create a list of image credits rather than a bibliography.

Rules of Copyright

  1. You cannot use copyrighted material without written permission from the creator of the material (or from its copyright holder).
  2. Material can be protected even if it does not display the © symbol. Even if no mention is made regarding copyright, you must assume that all material from another source is protected.
  3. Penalties for violating copyright laws can range from mild to severe. If you break the copyright law, you might simply receive an e-mail message from the author asking you to stop using the material. If you publish the material on a website, the webmaster might shut down your site. Or you could be sued by the author or prosecuted by federal authorities.
  4. To make sure you are not violating any copyright law, it is important that you do the following:
                  - Write or send e-mail to the author or creator and ask permission to use the material. Do not use it until you
                    are given permission.
                  - Follow the directions on the site regarding use of material. You might be asked to create a link on your page or to notify the author or                     creator.
                 - Most important: Do not use any material if you don’t have written permission.
  5. Copyright notice is no longer required to obtain protection, but it is often beneficial. Copyright notice for visually perceptible material should contain the following three elements:
    The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”
    The year of first publication
    The name of the owner of copyright
    ◦ Example: © 2012 Adobe Systems Incorporated
    © 2013 Adobe Systems Incorporated Principles and rules of copyright
  6. For more information on copyrights, visit the United States Copyright Office on the Internet at www.copyright.gov. 

What is Plagiarism?

Plagiarism is the practice of taking someone else's work or ideas and passing them off as one's own.

This applies to artwork, as well. Art plagiarism is the act of reproducing the work of another artist or artists and claiming it as your own original work of art.

What Does This Mean For Me?

In Digital Art, just like with any other academic class, the content you produce must be entirely your own. In class, we look at the work of other artists, and it is okay to be inspired by another artist's process or ideas, but the work that you create should not imitate another artist's work exactly.

This also applies to Adobe Illustrator projects. When you are producing a project for class, It is not acceptable to pull an image from Google Image Search and trace over it with the pen tool. 

The only time this would be acceptable is if you were tracing over something YOU produced—either a photograph, drawing, or sketch. As long as the content is yours, then you may trace over it.