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Professional Practice

Copyright and Fair-use in art and collage

26/3/2020

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Artists when creating their work must abide by/be aware of Fair-use and copyright when advertising selling their work and when working from reference images.
Here are some examples of this below on the research I have found.
Copyright pertaining to public domain sources are ok for anyone to use as they are no longer protected by the copyright, this depends on when it was first created before it can be available to the public. New work using public domain refencing must be transformative and be of proportional use of the original source which shouldn’t be recognisable as where the reference is taken from and have a genuine creative use for using said reference.
Referencing from non-public domain sources is best to be used with permission from the source/creator, although this isn’t always easily obtained. In this case Fair-use offers protection to the artist as a defence when charged with use of unlawful interpterion or use of infringement. Though it shouldn’t be used as an excuse, as like with public domain artists must abide by the guidelines of work being transformative and proportional use to source material.
 
https://hamptonsarthub.com/2018/05/16/features-creativity-the-law-collage-and-fair-use-under-the-copyright-laws/
https://www.gov.uk/topic/intellectual-property/copyright
https://www.dacs.org.uk/knowledge-base/frequently-asked-questions#FAQ144
https://www.dacs.org.uk/knowledge-base/factsheets/copyright-in-collages
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    • Graded Unit 2
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