Black Star Rising put up an insightful article today about the legal limitations of the popular “Creative Commons” copyright, arguing that for-profit organizations are the only true beneficiaries of this goodwill-and-sharing copyright option.
Creative Commons is a system that is intended to encourage the sharing and cross-promotion of photos and other artwork, and it does this via a very permissive copyright license. While it may have been designed to make sharing easier for artists (bypassing the necessity of getting copyright permission for every image posted to blogs, art forums, and other community sites), Black Star Rising claims that Creative Commons is being increasingly abused by for-profit companies who want free images:
“The real issue is commercial use -- and this is where we get to who really benefits, at least over the long term. Before Creative Commons, a corporation or ad agency that wanted to use your photo would have to contact you or your photo agency for permission to use it. You could negotiate a price based on the particular use, making sure you got a fair deal.
Through CC, hundreds of thousands -- if not millions -- of photographers have thrown this right away forever.”
But for artists who aren’t familiar with copyright laws, Creative Commons is often the only visible option for individuals using popular photo-sharing sites like Flickr. This kind of limited visibility is exactly why it’s especially important for artists—from amateur to auteur—to learn how they can best protect their work.
Obtaining a copyright license isn't as easy as mailing yourself a sealed, stamped copy of your work—this "poor man's copyright" won't actually protect you at all. In any case, it’s best to choose a copyright option that gives you full protection over your work. If it’s your first time establishing a copyright for your work, it may be a good idea to speak with an exclusive rights lawyer and make sure that everything is airtight. From there, you can do as Black Star Rising suggests and instruct would-be users to contact you for usage permission.
For more specific legal information about artwork and artistic copyrighting, please take a look at our law library article, “Protecting My Artwork.”
By Kate Beall
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