Interview with Copyright Expert Sal Shuel
Episode 25: In this episode Peter and Laura interview copyright expert Sal Shuel and discuss copyright, a law designed to protect the work of all creatives that dates back centuries. With Sal’s expert help, they find out how to benefit from copyright’s legal protection and how to avoid falling foul of the law when it comes to the work of fellow creatives.
Copyright law is the same in the art world as it is for the photography world and Sal's knowledge is likely to deliver a few surprises to many listeners!
In this episode…
Copyright law protects any work physically created by its author (all makers of work are called authors in copyright law). By making a work, the author automatically owns the copyright of that work and ownership lasts until 70 years after the death of the author. There is no need to register copyright ownership, but it is always advisable to sign or add your mark to any work you make.
The author retains ownership of their copyright even when work is sold. A client can buy the work and destroy it (should they be that eccentric), but they cannot copy it and publish that copy or profit from it in any way without specific permission. Some authors, commonly photographers and musicians, sell licences for clients to use their work for profit, but only under the specific terms of the licence. The author still owns the copyright.
It is possible to sell or assign copyright to someone else. Once the author has done so, all rights become the property of the new copyright holder. Beware of the small print when entering competitions or signing any contract concerning your work. It is easy to sign over copyright without noticing.
It is acceptable to copy the work of another creative for private study, but it is advisable to credit the artist on the back of the work. It is illegal to show, exhibit or publish any copy of another’s work you might have made (posting on social media is publishing).
Copying any work outside of personal study, including any work seen online and including all photographs, is theft of copyright even if several aspects of the work are altered. If you find your work copied by another, you contact them and assert your copyright.
It is fine to be inspired by other creatives, but only insofar as it helps to develop thoughts and ideas. Every artist should take their own photographs and sketches for making work.
Authors cannot copyright spoken words, style or teaching method. If they are copied, it falls under the heading of plagiarism and not copyright law. If a student goes on to copy their teacher and teaches the same class themselves, there is nothing to be done. But if the student uses a copy of their teacher’s notes or artwork to do so, they are infringing copyright and breaking the law.
The Takeaway
Read Sal Shuel’s clear explanation of copyright at www.salshuel.co.uk and make sure you understand the dos and don’ts of copyright law.
