artistsimply.com

Copyright Policy

Copyright Policy

Here at artist simply we respect the rights of all artists and creative people worldwide and we expect our members to also demonstrate that respect and assist us in creating a beneficial and positive atmosphere for all artist simply visitors and members.  Artis Simply is providing a venue to promote original works and approved reproductions by artists and honor copyrights.

IMPORTANT – Just about anything that is on this site, on the web, on TV, on CD’s, on DVD’s, in books & in magazines is probably copyrighted by someone.

How do I get Copyright?

Under most national laws and international(review these very closely because not all countries view copyrights the same) copyright treaties, you receive copyright automatically in any original work as you make it. Registration may be required to exercise some rights, like commencing a lawsuit. Copyright does NOT protect ideas. Copyright protects the expression of ideas or the ways in which an idea is materially placed or expressed in the work.

Check out this link for detailed information – https://www.copyright.gov/circs/circ40.pdf

More links:

ArtBusiness.com – https://www.artbusiness.com/register_and_copyright_art_for_artists.html

Copying  artwork  – https://www.artistsnetwork.com/art-business/copying-artwork/

 

What is Copyright Infringement?

Copyright infringement occurs when you use creative work that someone else produced without first getting the proper permission.

Few examples of copyright infringement:

-Placing someone else’s photograph or creative work online without proper permission.

-Using a creative work commercially without permission.

-Adapting someone else’s creative work found in one medium to another medium, such as making a book into a movie or a photograph into a painting.

-Modifying or editing creative work without proper permission.

Reference these links for more examples:

https://www.copyright.gov/help/faq/faq-general.html

https://www.legalzoom.com/articles/how-to-avoid-copyright-infringement

https://www.copyrighted.com/blog/copyright-infringement

https://en.wikipedia.org/wiki/Copyright_infringement

*Always do your research and ask questions.

*artist simply advises all artists to look into copyrighting all works with the copyright office of your country and if you feel with other countries to ensure anything you place online stays your own property.

How Can I Avoid Infringing on Someone’s Copyright?

The best way to avoid infringing on the rights of another creative person is to use your skill, talent, and imagination to create your own completely original work. When we use the word ‘original’ we don’t mean that you must come up with an idea which hasn’t been used before – recall that copyright does not protect ideas. When used in reference to copyright “original” means that you created your work without referencing or deliberately copying anyone else’s work during the process.

Ensure that all parts of your work are your own original creations. If you have used materials that are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your work online.

An important example:  Students or art professionals taking a course from an instructor teaching a technique that involves the class creates the same image for training the instructor is generally the person who created this original work you are copying.  If they did not create the original work they have permission to instruct others in a technique using this image. As the artist of this original or artist having permission to use this image, you as a student have their permission to make that first-generation representation in class, but do not have permission to sell as your own work or even reproduce as your own artwork.  Instructors will usually let you know the copyright rules to the lesson, but if not always as for their permission to use your creation in other ways.

Visit this link – https://www.legalzoom.com/articles/how-to-avoid-copyright-infringement

 

What is Copyrighted?

Rule of thumb any creative work that is less than 150 years old should be considered copyrighted by default.

Not seeing a copyright statement printed on it or near a work of art should still be considered copyrighted so do not assume that the work is unprotected simply because you cannot see a notice. Always do your best to find the creator and ask for permission and if in doubt do not ASSUME.

Also do not confuse the fact that a work is publicly available with the idea that it is in the public domain or free for use. Being easy to find on the internet does not affect a work’s copyrighted status.

There are many exceptions to the 150-year guideline, but you are best advised to obtain legal advice from an expert if you intend to rely on the possibility that modern work is not copyrighted.

Follow these guidelines to stay safe in the world of copyrights:

In most cases it does not matter how much of the material you have used, whether it’s a single frame, a few moments of audio, a short clip of video or any other sampling it’s still considered to be protected by copyright and you still require the owner’s permission for use.

  • The method used to obtain material does not change the fact that it is still considered copyrighted and you still need permission.
  • Just crediting the proper owner does not change the fact that a copyrighted item is still considered copyrighted and you still need permission.
  • Not selling or making a profit does not change the fact that a copyrighted item is still considered copyrighted and you still need permission.
  • It doesn’t matter if you can find other people using things without permission, it’s still considered copyrighted and you still need permission.
  • It doesn’t matter if you’ve edited it a little bit or made a few alterations, if it’s recognizable it’s still considered copyrighted and you still need permission.

What Happens When You Submit Infringing Works to artist simply?

First it is important to understand that artist simply does not allow members to upload or remove files from the website this is solely done by artist simply technician.

Any copyright owner following the procedures in this Copyright Policy can request artist simply to remove his or her copyrighted content in use by any member of artist simply. When through the proper notice we become aware that a submission to artist simply infringes upon the copyrights of another artist, creative person or company, we will immediately delete it. This is a legal requirement that we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to ‘fix it’.

If you believe that a submission on artist simply infringes on your copyright you may either report the submission using our internal reporting system or send us a copyright notice via artistsimply@gmail.com  and a member of staff will review the notice and act accordingly.

If you believe that one of your submissions was removed in error you may contact artistsimply@gmail.com

If you are found to repeatedly post infringing content, your account will be suspended and serious offenders will have their account banned and deactivated. We consider  two offenses as an indication of being a repeat infringer subject to a permanent ban of future submissions permanently and removal of all art from the website.

What about “Fair Use”

“Fair Use” is the notion that some public and private uses of copyrighted works should not require the permission of a copyright owner. These circumstances are very limited, complex to analyze under the law and require the help of expert advice from a lawyer. We recommend you talk to your own lawyer if you want to know more about fair use as it applies to the work you are doing. If it turns out that it isn’t fair use, you may be liable for very serious money damages.

More info review these links:

https://www.copyright.gov/fair-use/more-info.html

https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

 

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