This page covers:
  • what is copyright infringement? (UK and USA)
  • what is fair dealing? (UK) / fair use? (USA)
  • ​​what is the public domain?
  • BASICS: Official Perspectives on Copyright (in the USA and UK)
  • Other Perspectives on Copyright
If you receive a notification of copyright infringement via letter, email, phone call or similar, you should take time to understand the allegation and try to determine the validity of the claim. Do not ignore it.
​Guidance - IP crime and enforcement for businesses
The aim of this page is to provide you with a quick scan outline of what copyright infringement, fair ealing / fair use and the public domain actually are.

PLUS some links to more in-depth articles and places where you can find out about these two concepts.

IMPORTANT NOTES:
  • There is no guarantee that the information on this page is completely up to date. 
  • This page provides you with a place to start to check out the law and what you can and cannot do - but ultimately your liability for your actions rests with you alone.
  • It does NOT cover legal jurisdictions outside the UK and USA where the rules might be different
​

COPYRIGHT INFRINGEMENT
​

Copyright infringements occurs when a person and/or organisation and/or publisher (online or in print)
ignores and/or breaches the rights of the person who originated the item and/or owns those rights
which enjoys copyright / trademark / patent protection in law 
- intentionally or otherwise.
​
It is outrageous that anyone can steal an artist’s work and get away with it. It is theft, as surely as reaching into someone’s pocket and taking their wallet is theft. 
Philip Pullman

What is copyright infringement - in the UK?
​

Copyright Matters are dealt with in the UK by the Government's Intellectual Property Office.
It's important to note that some offences are are treated as criminal offences and not just civil infringements.

(Intellectual Property) IP crime and infringement.
IP rights are infringed when a product, creation or invention protected by IP laws are exploited, copied or otherwise used without the permission or consent of the person who owns those rights or their representative. 

​It can range from using technology protected by a patent to selling counterfeit medicines/software, copying a film and making it available online to selling counterfeit goods including clothing, makeup, and DVDs. All these acts will constitute a civil infringement. However, in the case of trade marks, designs and copyright the act may also constitute a criminal offence if it’s conducted in the course of a business.
Guidance - IP crime and enforcement for businesses ​
Copyright is usually infringed when someone carries out any of the acts restricted by copyright without the rights holder permission, whether in respect of the whole or a substantial part of the work.

The author of a copyright work has the exclusive right to authorise or prohibit the following acts also known as economic rights: reproduction, distribution, rental and lending, public performance, communication to the public by electronic transmission including broadcasting, adaptation.
​
Authors also have moral rights which protect non-economic interests. This includes the right to attribution, the right to object to derogatory treatment of a work, the right to object to false attribution and the right to privacy of certain photographs and films.
Guidance - IP crime and enforcement for businesses ​
REFERENCE - GOV.UK Publications
REFERENCE:
Copyright, patents, designs and trade marks are all types of intellectual property protection. ​
NOTE: Last updated 8th March 2021

What is copyright infringement - in the USA?
​

Some official definitions by the US Copyright Office
What is copyright infringement?
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
Copyright.gov
The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.
US Copyright Office 
You can find further official definitions in the section below on BASICS: Official Perspectives on Copyright (for the US and UK)

FAIR DEALING (UK) AND FAIR USE (USA)
​

Fair use is not defined in the same in the UK and the USA - and you need to be clear on which legal regime applies. The information below aims to highlight the key features and the differences between the two.
The US-based College Arts Association’s Code of Best Practice in Fair Use for the Visual Arts aims to help those working in visual art understand how they can use copyright-protected materials safely, without infringing copyright.
 
It addresses common situations where a curator, academic, writer, teacher or artist might want to reproduce an image of an artwork and outlines circumstances when the US doctrine of ‘fair use’ can be invoked, enabling the reproduction of a copyright-protected work without clearance from the copyright-owner.

Whilst the Code has some relevance in the UK, it references US copyright law. Differences in our legislation mean that certain reproductions of copyrighted artworks which are permitted in the US could conversely be treated as infringements in the UK, depending on the circumstances.
Fair use: copyright differences in the UK and US | DACS
Picture
Extract from "Fair use: copyright differences in the UK and US" | DACS (2015)

What is Fair Use - in the UK?
​

Fair use is a legal framework which provides guidance on:
  • how to make lawful use of or reproduce work
  • WITHOUT having to seek permission from the copyright owner(s) or creator(s)
  • OR infringing their interest.

​Fair dealing laws can apply to:
  • Written works
  • Dramatic works
  • Artistic works
  • Literary works
  • Typographical works
  • Musical works, although it does not cover the copyright for printed music

Fair dealing is governed by Sections 29 and 30 of the Copyright, Designs and Patents Act 1988.
The ‘fair dealing’ criteria will apply to uses of artistic works that are for the following purposes and which are explained in our general factsheet on copyright exceptions.
​
UK copyright law (Copyright, Designs and Patents Act 1988) defines a number of exceptions, in the form of permitted acts.
These allow you limited use of copyright works for specific purposes without the permission of the copyright owner. Most have conditions and are subject to a 'fair dealing' assessment.
Exceptions to UK Copyright law | University of Nottingham
Fair dealing for criticism, review or quotation is allowed for any type of copyright work.
​Exceptions to copyright | GOV.UK
REFERENCE (UK)

What is Fair Use - in the USA?
​

"Fair Use"
  • defines how copyrighted material can be used without permission or licence from the rights holder for the purposes of commentary or criticism.
  • the concept os based on free speech rights provided by the First Amendment to the United States Constitution. 
  • United States trademark law also incorporates a "fair use" defense.
The terms originated in the USA and the concept is sometimes referred to as "fair dealing" elsewhere.

BELOW you can find expert comment from authoritative sources about what is "fair use" and how it can be measured.
DEFINED "FAIR USES" ARE STRICTLY LIMITED
They are defined by four factors as follows:
  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

Each of these factors need to be weighed in each case in order to determine whether a use qualifies as a fair use.

If the copyright holder disagrees with the "fair use" the matter may be resolved in court. There is a significant amount of case law which is relevant.
REFERENCE (USA)
NOLO is the source for much of what is quoted on the Stanford Copyright and Fair use site. 
Nolo began publishing do-it-yourself legal guides in 1971.

Articles on Using Copyrighted Work: Fair Use & Permissions
These are Approved Statements about Fair Use within an Educational Context

HOWEVER - a court decision has changed the definition in relation to transformation and has instead focused on !
See 
 the Court shifted the consideration away from the artistic contribution of the new work, and focused instead on commercial concerns. By doing so, the Court’s Warhol decision will significantly limit the amount of borrowing from and building on previous works that artists can engage in.
......the Warhol who emerges in the majority opinion is a tame portraitist whose work is just not that different from the photographs on which it is based.
......one thing is clear: it is now far riskier for an artist to borrow from previous work.

When does artistic freedom and appropriation become copyright infringement?

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PUBLIC DOMAIN
​

What is the public domain?
​

Works in the public domain can be used without seeking anyone’s permission and without incurring a copyright fee. 
​Works in the public domain | DACS
If you think that something is in the public domain simply because it is on the Internet YOU ARE WRONG!

There are a lot of people who don't know much about copyright and the law who think that everything on the Internet is in the public domain - because it's on the Internet.  They are WRONG. This section covers what the public domain really is​

EXAMPLES
  • Posting a video to YouTube does NOT put it in the public domain
​
The phrase “public domain” refers to works that have effectively become public property and are no longer protected by copyright law. This occurs when the copyright in a work of art expires.
Works in the Public Domain | DACS
Where is the public domain?
The public domain is not a place. A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.
Copyright.gov
REFERENCE (UK)
REFERENCE (USA)
​NOLO
Video by the US Copyright Office (below) - The public domain covers works not protected by copyright. Learn which works are in the public domain and how works become a part of it.
If you want to use a work in copyright (i.e. it's not now in the public domain) - you will need to licence the artwork or original work.
NEW Getting Permission: How to License & Clear Copyrighted Materials Online & Off (7th Edition)
by Richard Stim
How to get permission for content you want to use. This easy-to-use book shows you how to get the rights you need, with step-by-step instructions and more than 30 forms. Find out when permission is required, who to ask, and when (and how much) you can expect to pay. 
Rated on Amazon:
  • (6th edition) average of 4.5 out of 5 stars
  • (7th edition) average of 4.7 out of 5 stars

BUY THIS BOOK at:
Getting Permission explains:
  • the copyright permission process
  • the public domain ("free" content)
  • how to figure out who owns a copyright
  • website permissions
  • the "fair use" rule
  • school-related permissions
  • license and merchandise agreements (including sample contracts and other forms)
  • and much more.
Ch. 4 Getting Permission to Use Artwork
  • Acquiring Rights to Artwork
  • Fine Art: Paintings, Sculptures, and Limited Editions
  • Graphic Art
  • Comics and Cartoons
  • Royalty-Free and Public Domain Clip Art
  • Searching for Art
  • Artwork Fees and Agreements
  • Artwork Resources
Forms include:
  • Artwork Permission Agreement
  • Agreement to Use Artwork in Motion Picture
  • Basic Permission to Use a Trademark in a Photograph or Artwork
  • Basic Copyright Assignment
  • Artwork Assignment Agreement
  • Work-Made-for-Hire Agreement
Series: Getting Permission
Paperback: 536 pages
Publisher: NOLO; Seventh edition (October 29, 2019)
Language: English
ISBN-10: 1413326897
ISBN-13: 978-1413326895
Product Dimensions: 7 x 1 x 9 inches
Shipping Weight: 1.8 pounds
Author: 
​Attorney Richard Stim specializes in small business, copyright, patents, and trademark issues at Nolo. He is the author of many books, including Patent, Copyright & Trademark: An Intellectual Property Desk Reference, and Profit From Your Idea. Stim regularly answers readers' intellectual property questions at Dear Rich: Nolo's Patent, Copyright & Trademark Blog.

BASICS: Official Perspectives on Copyright
​

Below you can find some links to the basics on copyright law and "fair use" - in the USA and UK
​

OFFICIAL​ - US Copyright Office
​

OFFICIAL​ - UK Intellectual Property Office
​

The UK Intellectual Property Office is the official voice on copyright law and guidelines in the UK.
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OTHER PERSPECTIVES
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Stanford University Libraries

Stanford University Libraries have a very comprehensive resource relating to Copyright which you'll find referenced all over the place!

Lumen

Lumen (formerly known as Chilling Effects)  is a collaborative archive created by Wendy Seltzer and founded along with several law school clinics and the Electronic Frontier Foundation to protect lawful online activity from legal threats.
[On November 2, 2015, Chilling Effects announced its renaming to Lumen}

​Copyright Alliance 

The Copyright Alliance - represents itself as the unified voice of the copyright community and represents the interests of authors, photographers, performers, artists, software developers, musicians, journalists, directors, songwriters, game designers and many other individual creators etc. 

UK Copyright Service

UK Copyright Service is an established copyright registration facility but it is NOT the official voice of government. Its data / statements are getting dated!

Brad Templeton

Brad Templeton was the founder of one of the very early .com companies and hence had to get to grips with copyright on the internet at an early stage. He brings a different perspective to FAQs about copyright and fair use.

NOLO

Nolo began publishing do-it-yourself legal guides in 1971 and integrates some of the earliest legal sites on the internet

Others

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Online Management of Artwork
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The video below is about an artist who explains how her career has been affected by images on the internet and the problems associated with "right click download" - and the problems of using Instagram which strips out metadata.
She only uses digital watermarks, tracked by digimarc with banners saying copyright Kat Caverly - to prevent her images getting into Google Images.