here is the link to the Original article:
https://steemit.com/art/@lingkup/art-plagiarisme-bd04ac99c8414
and at the end is the original post translated I provide the article- MINUS PLAGIARIZED USE OF A STOCK PHOTO!!!!!!
- image from Looney Toones using Warner Brothers Movie Stars...
Here is my commentary oh the article , while most are good there are some things that needed to be cleared up.
I know because I ran Arkahdia Arts Studio, 16 years, and was sued and have been sued and broken my, and my clients rights many times.
Very quickly there are a few concepts you need to know:
- copyright is what you are dealing with for Art not patent!
- copyright can be renewed
- international treaty covers copyright laws
- There is explicit and implicit copyright
a) Explicit you file paperwork with the government any costs to protect your copyright, (no matter how little the penalty) will be born by your opponent, & any damages won will immediately be tripled. And its alot easier to prove.
b) Implicit you must mark your work and claim it's uses before distribution. And show that the first existence is with you. Usually with a dated photo, or commission project photo with contract. You are entitled to reasonable attorney fees and must prove vigorous real world damages through real world lose of commerce.
- use of copyrighted work can be done without direct copywriter knowledge prior but they are limited:
a) For Review, more info on this I recommend this short article:
https://www.plagiarismtoday.com/2010/01/06/copyright-tips-for-review-sites/
Note the fact it's been up for 13 years says something!
b) derived work:
A simple example of this would be the list of RomCom or SciFi released in a month.
A list of music titles where singers name was a bug: Adam Ant, The Beatles....
Where to find them
c) painting a famous person or statues from a photo on the street.
d) using a screen shoot from an old movie / photo as the guide to hand and head positions on a completely new piece of drawn art used to make a cartoon meme.
e) inspiration for a satire piece (like Humphrey Bogart in Bugs Bunny)
i.e.:Humphrey Bogart in Bugs Bunny cartoon Slick Hare
done by Warner Brothers
Lauren Bacall and Humprey Bogart Not paid for this...
f) Finally there is derived work:
From Wikipedia here is good info on derived work:"In copyright law, a derivative work is an expressive creation that includes major copyright-protected elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.
Most countries' legal systems seek to protect both original and derivative works.[1] They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author."
From Wikipedia
That's essentially the pieces I did not see in the article, there are many more but I really like what the lingkup wrote...
here is the original article translated from Indonesian to English by Google:
Plagiarism is defined as the act of taking someone else's work and submitting it as your own. If you take someone else's painting and say you paint it, you copy the work. If you copy the picture of the painting online and put it on the website you claim it belongs to you, once again you plagiarize the work. Similarly, even if you are drawing or painting someone else's work or adding something here and there, it's still plagiarism
Keep in mind that plagiarism is illegal if it affects the intellectual property rights of the artist. If your artwork is protected by copyright or trademark, you as the copyright owner or trademark may bring a person to court if it is found to plagiarize your work. If someone is found to have made huge sums of money from plagiarizing the copyrighted work, they can find themselves facing a hefty fine and prison sentence.
Of course when it comes to art, it is practically impossible not to borrow ideas from works you've seen before. If you look at artwork, you may feel inspired and you may want to create a similar work: it's really good, as long as you do not openly copy it.
If you feel inspired by a particular painting, make sure the painting you made is original and yours. Do not rebuild someone else's work. If you display things clearly taken from other paintings, it is important that you refer to these other paintings and artists, as you would refer to quotations for an essay. Do not trick people into thinking something's yours when it's not. You will not get anything if you plagiarize. Sometimes artists want to use part of the work of others in their own work. Is this good? Only if explicit permission is obtained from the original artist. If the original artist says you can use part of their work in your own work, then you can. If the original artist did not grant you permission, you can not.
So what's the best thing to do to make sure you're not plagiarized? Simple: be unique. By all means look at other works for inspiration, but when it comes to creating works of art for yourself, create works that show your talents, visions, and individuality, not the work of others. If you plagiarize a work protected by someone else, they will find you and they will take action.
When you make artwork, you do not want others to come and take your work, copy it, and make it their own. You do not want your work to be traced, so do not copy other people's work. There's a fine line between being inspired by something and tracing something, so if you're not sure, you should always make references just in case. The best thing to do, of course, is to be original.