- Produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies).
- Import or export the work.
- Create derivative works (works that adapt the original work).
- Perform or display the work publicly.
- Sell or assign these rights to others
- Transmit or display by radio or video.
It's safe to assume that most images, content, or fonts you find on the internet are protected under copyright even if there isn't an explicit copyright notice attached to the work2. For a graphic designer it's important to be aware of these laws because the designer must hold the copyright to all the images, fonts, and content used in a design.This prohibits graphic designers from doing a Google search for something like an apple then incorporating that into a design or using it for online content. This would be a violation of copyright. Designers, however, can purchase copyrights to stock photos or use photos, content, and fonts available on a site like Creative Commons.
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| Photo courtesy Jayel Aheram |
This, however, is the law and it does not accurately portray contemporary realities. A huge percentage of the content on the internet is in blatant violation of copyright laws. The copyright laws seem to be ineffective at policing the majority of the content created and distributed on the internet. Of course, companies with world wide exposure aren't allowed leeway when dealing with copyrighted content; but this doesn't account for the massive amount of content created and exchanged between most internet users.
Blogging sites like Tumblr where images are re-blogged ad infinitum are rampant with copyright violations and theoretically most of the users could be sued for copyright violations because in Tumblr's terms of use policy there is a caveat that exculpates Tumblr from copyright violations and places copyright accountability on the user. The actual legality of this caveat and whether it would have viability in a court case has not been tested yet.
Blogging sites like Tumblr where images are re-blogged ad infinitum are rampant with copyright violations and theoretically most of the users could be sued for copyright violations because in Tumblr's terms of use policy there is a caveat that exculpates Tumblr from copyright violations and places copyright accountability on the user. The actual legality of this caveat and whether it would have viability in a court case has not been tested yet.
Even one of the most famous images of the 21st century was a copyright violation--Shepard Fairey's stylized image of Barack Obama with the text "HOPE" beneath it. This image has recently been mired in controversy because Fairey based his image of Obama on an AP photo. Fairey was fined and sentenced to probation but this didn't create a clear precedent for future copyright cases because he tampered with evidence and part of the sentencing was based on that.
This gap between copyright law and the reality of how people are sharing information on the internet highlights the ineffectiveness of the laws. Copyright laws need to be reevaluated. The entire idea of intellectual property3 may need to reconsidered because the internet has changed the way ideas and information are exchanged and current incarnation of copyright law seems to stymie, not grow, innovation.
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| Photo courtesy Cliff1066 |
This gap between copyright law and the reality of how people are sharing information on the internet highlights the ineffectiveness of the laws. Copyright laws need to be reevaluated. The entire idea of intellectual property3 may need to reconsidered because the internet has changed the way ideas and information are exchanged and current incarnation of copyright law seems to stymie, not grow, innovation.
1 The Yahoo Style Guide↩
2 Brad Templeton↩
3 Intellectual property is a catchall term used to describe sundry laws that protect the rights to various intangible products, e.g. fonts, logos, trademarks, copyright.
