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COPYRIGHT FAQ

I receive many questions about copyright and how it works.  Here are some very basic answers to questions I have received:

 

  • Do I own the designs I purchase from Artfully Yours?

    • No.  You purchase a limited license to use the designs. Artfully Yours Designs, LLC maintains full ownership rights to all designs, paintings and materials created by Denise Callen.  Members may use the designs while their membership is kept active and paid.  Once a membership is no longer active or cancelled, the studio and purchaser may not continue to use the designs or materials from Artfully Yours Designs.  If you purchase individual designs, you my use the designs in perpetuity whether or not you have a subscription membership.

  • What is a copyright anyway?

    • From copyright.gov:  "Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed" 

  • I see copies of images like Starry Night and Monet all the time.  Why is this OK?

    • ​From copyright.gov:  "The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first."

    • Works creacted before 1978 can be covered by different laws.  When in doubt, don't use it until you do further research and confirm that the copyright has indeed expired.

  • ​Can I just change 20% of the design to avoid issues with the original copyright holder?

    • No.  From copyright.gov:  "Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent"

  • From copyright.gov:  "Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?

    • Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

    • Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.

    • Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware."

    • While you are a member of AY, you are an "authorized user" for designs, images, instructions and other materials provided on this website.  You may use them to profit your studio--that's the idea isn't it!  But, because of the rampant disregard for copyright ownership and law, members are not allowed to share any AY materials with non-members for the intention of teaching or profitting from them. AY members will not post any copyrighted AY designs, instructions or images on any peer-to-peer sites such as Facebook groups (PYOP Canvas Designs for Studio Owners & Managers or PYOP Peeps).

 

 

Go here for more info visit www.copyright.gov.  

You can contact Tammy Browning-Smith, P.C. here:

http://artsandcraftslaw.com/

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