The short of it: My copyright notice expresses that all material on this website is protected by copyright. You may view this material only for your own personal use. You may not otherwise reproduce, distribute, publicly display, or create derivative works of this material, unless authorized by
the appropriate copyright owner, Erin Sherman.
Expanded version: [The following information is quoted from the 10th edition Graphic Artists Guild Hand Book: Pricing and Ethical Guidelines (see below for book info).]
“Current copyright law automatically ‘protects’ original artwork from the moment of its creation even without inscribing a copyright notice. Protection means that an artist retains the right to assert a claim for copyright infringement even if he or she has not registered the work in question1” I chose to inform the viewers of this website of the copyright since failing to place one on artwork may make it vulnerable to so-called innocent infringers, who may claim they did not know the work was protected. “The requirement to inscribe a copyright notice on a work ended in March 1989 but users should safely assume a work is protected by copyright even if no notice is affixed.1” “Damages are determined by the court by multiplying the number of infringements by an amount specified by the copyright statute; a sum between $750 and $30,000 that the court considers just […] Willful infringement damages are from $100,000 to $250,000.1”
“Artist’s rights to control the usage of their original creative art are defined primarily by copyright law. An artist’s copyright is actually a bundle of individual rights.1” “These broadly include the rights to copy (commonly known as the “right of reproduction”), display, distribute, perform, or create a derivative work from an existing work. Each specific use can be transferred outright or licensed separately for a specific length of time. Any rights not transferred explicitly remain the property of the creator […] Copyright is separate from the physical art and is sold separately.1”
“Copyright owners have the exclusive right to reproduce or sell their work, prepare derivative works, and perform or display their work. Anyone who violates these rights is infringing on the copyright and can be penalized and prevented from continuing the infringement.1” There are limitations on the artists’ exclusive rights, “one such allows for so-called fair use of a copyrighted work, including for such purposes as news reporting, teaching, scholarship, or research. Copyright law provides for the consent necessary to use works in these ways by others.1”
“The current copyright law (Copyright Act of 1976) became effective January 1, 1978. [...] In 1998 the Digital Millennium Copyright Act (DMCA) was enacted; the bill’s most significant feature is that it affirms that copyright applies in digital network environments as well as in print, film, and recording media. The bill makes it a violation of U.S. law to circumvent any copyright protection mechanism in the digital environment and to remove any copyright management information that owners of intellectual properties attach to a digital document. The law also limits infringement liability for online service providers who unwittingly transmit material that infringes on a copyright. Finally, it clarifies and strengthens the continuing policy role of the Copyright Office.1”
1. Graphic Artists Guild Handbook: Pricing & Ethical Guidelines, 10th ed. Graphic Artists Guild, Inc: New York, 2001. pgs 29-38 |
