Copyright Laws for Young Artists
Using the Right Tools for Creation
What is Copyright in Art?
copyright for artists
What can we do to follow the Copyright Laws?
- Credit the artist of material being used
- Ask permission of the artist
- Create major changes to idea and material so that it becomes your own
Artists Who Tested the Copyright Laws
Rogers vs. Koons
Artist Jeff Koons used a photograph by artist Art Rogers as inspiration for a sculpture.
Although certain elements of the sculpture differ from the photograph, Koons violated the Copyright Infringement laws.
Wild Boy and Dog
Same artist, Jeff Koons, uses Jim Davis' cartoon "Odie" to create what he calls a Parody of the subject matter.
The court ruled that this also was infringement of the Copyright Laws.
Andy Warhol - Campbell's Soup Cans
Appropriation is the use of pre-existing objects or images with little or no transformation applied to them
Andy Warhol used Campbell's Soup cans as inspiration for artwork. Warhol's Campbell's Soup Cans does not infringe. As stated by Warhol's defense: "the public was unlikely to see the painting as sponsored by the soup company or representing a competing product. Paintings and soup cans are not themselves competing products"
Using Reference Photographs
Is it ok to use a photograph reference to create an artwork?
- Is it a photograph of a common subject/place? -- Yes that is not violating Copyright Laws
- If an artist/photographer is known for portraying the subject a certain way, you may not copy that same style.
- If your artwork is your own interpretation of a photographer's techniques for achieving visual effects, you may use those techniques as inspiration for your ideas rather than copy them directly.