Graphics Reference
In-Depth Information
What is the work you're planning to use? Just as some nudity is protected
under the idea of “redeeming social value,” some source material—like a Matisse—is
considered more worthy of protection than a less socially or creatively valuable item—
like a mass-produced velvet painting.
Why are you using the work? Fair use frequently protects free speech, like
when an artist excerpts a piece to make a political or social statement. Claiming free
speech rights won't protect you, however, if you use the copyrighted work of another
artist whose work has nothing to do with your intended target. (See the section
“Collage” later in the chapter.)
Whether you intend to profit from the use makes an enormous difference.
Violating copyright of a commercial item for nonprofit or educational purposes is gen-
erally seen as being less serious than if the violator profited handsomely (or at least
hoped to) as a result of the violation. For example, in 2009, Woody Allen sued the
American Apparel company for using a still from his movie
Annie Hall
in a billboard.
The owner claimed fair use, arguing that he was making a statement in solidarity with
Allen. Eventually American Apparel paid Allen $5 million in a settlement. No matter
what the claimed intention, the result was infringement of a well-known artist's work
in what looked suspiciously like an ad.
What about work that you've used “just a little”? The law considers the per-
centage of the piece you're using, and how critical that piece is to the original.
Finally, will the owner of the copyrighted piece lose money, or the ability
to market the original piece, if you use it? If your work could prevent someone
When you borrow a generic
piece of sky from a
photograph, it's likely that no
one will notice, even though
you have still violated the
photographer's rights. But if
you use an image like this
one, the sky is central to the
concept, and your violation
will be clear to anyone who is
familiar with the original, or
who sees the two works
together.
