[-empyre-] copyright infringements and other matters
following on some of the raised (shared )
comments... and what seems issues within
issues - perhaps it'd be good to talk about
infingements in more detail.
What is an Infingement:
This can occur in a number of ways.
The publisher/ user does not credit your work
correctly or does not credit you at all.
This could mean one of two things:
~there has been unauthorised use of your work ie
you or your agent has not given a permission for
the use of the work, or are unawere of its use,
while the user may well be capitalising on it.
~ NOTE that if the work is published in a news
paper or a magasine as part of a review on a show
that you are in, under the Fair Deal Act the copyright
is waived. The same goes for up to 30 sec of
transmited footage. (Though the newspapers
stretch it a bit.)
~there has been an error or omission due to a lack
of attention to detail, lack of professional
experience or knowledge, in which case you are
most likely to receive an appology from the
copyright user... and if the user values your work
and you as a professional will settle the deal by
~ the work is used within the context of other
material and the integrity of the work is lost.
ie your moral right has been breached.
For example: you have created an animation and
have given a prview copy to an independent
curator/ publisher or producer, thay decide to use
the work for promotional/ funding purposes and
add new images, text or sound to the original work
in which process the context and integrity of your
work is lost. The producer is liable for damages.
However, it is often the case with less established
artists or those who have less means to afford
legal protection that such practices are accepted.
The artist does not want to be on bad terms with a
producer or curator even though it is the artist 's
right to seek explanation and compensation. If you
find your selves in such a situation it is best to
work with an independent consultant, agentcy or
through an Arts Law Centre, who represent you
and your interests, and who will charge between
25% to 50% commission depending on complexity
of the case. The fee is deducted from the royalties
earned, or the infingement fee collected.
You can go to a commercial lawyer if you wish - in
Australia they charge at least 50% on the $$$
collected on your behalf.
There are 40 copyright collecting agencies in the
world which are linked through a recipricate
agreements to collect royalties for artists. With a
joint membership base of 180 000 artists working
in the visual arts which include video, animation,
digital imaging, netart....etc.
See what befets you may get if you joined one of
them. The can be your powerful allies, especially
when there are disputes and the artists does not
want to breack a working relationship with a
curator or producer on the grounds of an
In Australia, and in my experience, arts
organisations are chronically underfunded but
asking for less ( in the hope of getting something)
by forgettinh to add the royalties line in the
budgets only adds to the illness and the problem.
Unfortunately ( in Australia ), producers have also
had their 'fair share' of the *slave arts economy*....
to join the writers (daniel)...
A senior artist, sitting on one of the funding boards
at the Australia Council, told me I should not have
asked for my fees as a producer of a major event
and should have left only the artists' $$$ in the
budget. It was a surprise to that person that I
wasn;t prepared to work full time and without being
The question is one of ethics as well as
economics. What life styles we coose to have is up
to each and everyone of us, but we should still
collect that which we are entitled to.
A whole new discussion....
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