COPYRIGHT RULES MyGraphicsLab: Adobe Photoshop CS6 ACA Certification Preparation for Visual Communication Copyright © 2013 MyGraphicsLab/Pearson Education

OBJECTIVES This presentation covers the following ACA Exam Objective: 1.2 Demonstrate knowledge of standard copyright rules for images and image use. The information appearing in this copyright presentation is for general informational and educational purposes only and is not intended to provide specific legal advice to any individual or entity. Peachpit makes no warranties of any kind and disclaims any and all liability with respect to the information provided. You should consult with your own legal advisor to discuss any particular issue or to advise on any action based on information appearing on these pages. Copyright © 2013 MyGraphicsLab/Pearson Education

WHAT IS COPYRIGHT? A copyright ensures that authors and artists receive proper credit and compensation if their works become best sellers or popular hits, for example. Copyright protects creators even if the work isn’t published. In the words of the U.S. Copyright Office: “Copyright is a form of protection … for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.” Copyright © 2013 MyGraphicsLab/Pearson Education

THE COPYRIGHT NOTICE The U.S. Copyright Office recommends the following three elements when including a copyright notice on any copyrighted work:  The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”  The year of first publication of the work  The name of the owner of copyright in the work. Example: © 2013 John Doe A work does not require the copyright notice or registration to be copyrighted under law. Copyright © 2013 MyGraphicsLab/Pearson Education

WHAT ARE THE COPYRIGHT RULES? You typically cannot copy, manipulate, reuse in a “derivative work,” or distribute a copyrighted work without permission from the copyright holder, who might charge a fee. Copyright for “works for hire” (aka “intellectual property”) generally belong to the employer or contractor that commissioned it, not to the creator. Copyright lasts, in most cases, from the date the work was created, through the creator’s lifetime, plus 70 years after the creator’s death. Copyright © 2013 MyGraphicsLab/Pearson Education

WHY ARE COPYRIGHT RULES IMPORTANT? It is illegal to use copyrighted works without permission of the copyright owner. Although there are exceptions, it is safe to assume that most works, including images found online, are copyrighted. Because of the risks in using copyrighted works without permission, it is best to use legal sources for images and content, and/or to obtain permission from the copyright owner. Copyright © 2013 MyGraphicsLab/Pearson Education

WHAT ARE THE EXCEPTIONS TO THE RULES? Use of works under the “doctrine of fair use” does not require permission, but “fair use” is hard to determine. Works whose copyrights have expired are in the “public domain”; you can use them freely and without permission. “Works by the U.S. government are not eligible for U.S. copyright protection.” — U.S. Copyright Office Ideas, procedures, names and slogans, and familiar symbols or designs are not given copyright protection. Copyright © 2013 MyGraphicsLab/Pearson Education

THE DOCTRINE OF FAIR USE The “doctrine of fair use” is a complicated exception to the copyright law. U.S. Copyright Law says: “Fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright.” Even if the use is listed in the law, it might not be considered “fair use” if it reduces the commercial value of the work. Copyright © 2013 MyGraphicsLab/Pearson Education

EXAMPLES: WHAT IS FAIR USE? Example: Student use of a copyrighted image for private learning probably is “fair use,” because the use is educational and does not affect the work’s commercial value. Example: Use of a copyrighted image to promote a free public event probably is not “fair use.” An event is not among the uses listed as “fair use,” and public use could negatively affect the work’s commercial value. When in doubt, get permission! Copyright © 2013 MyGraphicsLab/Pearson Education

WHAT ABOUT IMAGES ON BLOGS AND WEBSITES? The Internet is notorious for the illegal use and reuse of images without permission. This practice is most common among amateur bloggers and on personal websites. Even though this practice is common, it is still illegal. Using copyrighted images in design work can get you and your client into legal trouble. Copyright © 2013 MyGraphicsLab/Pearson Education

FINDING IMAGES ON A BUDGET Not all online images are off limits. Some photographers want to see their images distributed widely online — but they don’t want to give up their copyright. There are legal alternatives when you need free or low-cost images for your client. Copyright © 2013 MyGraphicsLab/Pearson Education

LEGAL SOURCES FOR FREE AND LOW-COST IMAGES (1 OF 2) Two alternative — and legal — sources for images and other digital content are royalty-free image banks and Creative Commons. Royalty-free image banks  Royalty free means you don’t have to pay a “royalty” fee for each use of the image.  Usually you pay a low, onetime fee for permission to use the image multiple times.  An online search for “royalty free images” will produce many online image banks. Copyright © 2013 MyGraphicsLab/Pearson Education

LEGAL SOURCES FOR FREE AND LOW-COST IMAGES (2 OF 2) ■ Creative Commons  A nonprofit organization, Creative Commons (CC) establishes standards and methods for copyright owners to state the uses they allow for their works published on the Internet.  From CC’s website, you can filter Google, Flickr, and other image searches by type of CC license.  Under CC licensing, the copyright stays with the creator.  CC licensing does not substitute or replace a copyright. Copyright © 2013 MyGraphicsLab/Pearson Education

THE CREATIVE COMMONS “BY” LICENSE The CC “BY” license is ideal for designers who need low-cost images for their clients. The BY license allows users to copy, adapt, distribute, and use for commercial purposes a copyrighted work, with certain conditions. A key condition for the BY license is attribution. Copyright © 2013 MyGraphicsLab/Pearson Education

WAYS YOU CAN FIND AN IMAGE’S COPYRIGHT In an online search, it is often impossible to tell who created a found image in the first place, much less how to contact the creator to ask permission. If the copyright owner has embedded copyright information in the image itself, it might appear in Adobe Bridge or Adobe Photoshop when you select or open the image. Copyright © 2013 MyGraphicsLab/Pearson Education

FINDING IMAGE COPYRIGHTS IN BRIDGE (1 OF 3) Some images have copyright information embedded in the image metadata. You can access metadata copyright information in Bridge using the following steps:  In Bridge, set your Workspace to Essentials (Window > Workspace > Essentials).  Click on the tab in the right panel called Metadata. When no image is selected, the panel will be blank. When an image is selected, the panel shows a list of data fields. Copyright © 2013 MyGraphicsLab/Pearson Education

FINDING IMAGE COPYRIGHTS IN BRIDGE (2 OF 3)  Navigate to, and select the image.  Click on the Metadata tab. Notice that it now shows data in sections such as File Properties, IPTC Core, IPTC Extension, Camera Data, and more.  Scroll to the IPTC Core section, and click the arrow in the header to open it. Copyright © 2013 MyGraphicsLab/Pearson Education

FINDING IMAGE COPYRIGHTS IN BRIDGE (3 OF 3)  Scroll through the IPTC Core section until you see the last three items:  Copyright Notice  Copyright Status  Rights Usage Terms  If the image owner has embedded copyright information, this is where it will appear. If not, the Copyright Status will say Unknown.  In this case, the Copyright Status is Public Domain, meaning anyone can use it for any purpose at no charge and without obtaining permission. Copyright © 2013 MyGraphicsLab/Pearson Education

FINDING IMAGE COPYRIGHTS IN PHOTOSHOP With Photoshop’s Digimarc filter, an image owner can embed copyright information in the image. To access that information in Photoshop, follow these steps: Choose Filter > Digimarc > Read Watermark. The copyright information will appear in a new screen. The Digimarc filter reads only copyright watermarks created with the Digimarc filter. Copyright marks created with the Digimarc filter do appear in the Bridge Metadata panel. Copyright © 2013 MyGraphicsLab/Pearson Education

COPYRIGHT SUMMARY (1 OF 2) Copyright rules protect creators from unauthorized use of their work, including online images. It is illegal to copy, reuse in a “derivative work,” or distribute a copyrighted work without permission from the copyright owner. Copyrights last until 70 years after the death of the creator. The standard copyright notice contains three elements and looks like this: © 2011 John Doe. Copyright © 2013 MyGraphicsLab/Pearson Education

COPYRIGHT SUMMARY (2 OF 2) “Fair use” of a copyrighted work does not require permission but is very complex. Purely educational use is probably OK. Public use, even for a good cause, is probably not OK. Copyright for “works for hire” (aka “intellectual property”) generally belongs to the individual or organization that commissioned the work, not to the creator. When in doubt, ask permission or don’t use the work! Copyright © 2013 MyGraphicsLab/Pearson Education