Week 1/Response to Alf
I enjoy reading about intellectual property law while other artists shy away from it. By studying such a complicated subject, I would be learning to protect my own bases, bases that are often infringed upon in the art world. Furthermore, I want to know how far I can push the envelope on my creativity, where I can claim something as my own without getting sued.
Did I ever mention that I copyrighted my first piece of artwork last year? The process of obtaining a copyright is inexpensive ($35) and can be done through digital correspondence. This insures that if I ever want to pursue this particular design idea on a larger public scale, I can take the proper measures to exercise my rights as a copyright holder when my design is used inappropriately and without permission.
Trademarks are a little more expensive, may require help from a lawyer to expedite the application, and is a longer process to complete. I’ll soon be traveling this route when I’m ready to get the proper protection for character creations/very identifiable marks (i.e., Mickey Mouse). When a case of trademark infringement arises, I will be ready to initiate the necessary legal proceedings to prevent the unauthorized use of my marks/characters.
Of course if I am feeling much more generous, Creative Commons licenses allow me to share my works of art between the blurry lines of “All Rights Reserved” and “Fair Use”. This allows for others to exercise their own creativity while staying in the confines of a particular Creative Commons licensing agreement–they can do whatever they want to my artwork as long as they follow the guidelines that I specified on how it is to be used.
There are plenty of stories concerning copyrights and trademarks and where infringement occurred. Each situation may set a precedent for future similar cases. However, because intellectual property law is always a moving target with the growth of the Internet and the flourishing of new technologies, it’s only proper to judge on a case-by-case basis whilst using previous case examples as stepping stones to justify the proper verdict.
My response to Alf's post:
I found your thoughts on Copyright and Fair Use including your take on Creative Commons intriguing. Your simplified explanation was beneficial. I also liked the way you stated your feelings on Creative Commons: the idea of allowing the world to use your work on your terms. This was a very thought-provoking approach on explaining the organization.
Your further elaboration on copyright laws and Fair use was useful since I admit I was one of those that shy away due to lack of understanding of these laws. I know many artists who feel the same way but videos like these can simplify and help further understand. Brad Templeton’s 10 myths about copyright was also effective and a good resource for my students.
Being that we both are part of the graphics world, your experience with copyrighting your own work can assist and guide me in doing the same. I would like to pick your brain on trademarking as well, being that I would like to take this step as well sometime in the future. Thank you for sharing your knowledge and experience within the realm of copyrighting and trademarking.
