ARTICLE:

Although plenty has been said about the issue of Copyright, it seems like every 6 months we need to bring this topic to light, and re-educate teachers and artists about it, especially when it comes to creating tutorials. Call it a “friendly” reminder.

What is copyright?

First of all, let’s start with the definition: What is copyright?

Copyright, simply stated, is a set of legal rights which is given to the original author of an expressed idea.

These rights allow the author to control how the expressed idea is going to be displayed, distributed, copied, performed, sold, etc.

What is protected under copyright law?

Copyright law states that any idea that is original and can be fixed in a tangible medium of expression is protected. This means that text, photos taken with a camera, drawings, designs, songs, programming code, etc., are all protected.

What is the difference between the AUTHOR and the OWNER OF RIGHTS?

Sometimes, the author of the work is NOT the owner of the rights. This happens when the work is created under special circumstances, for example, for hire.

An employee or a contractor who works for another person, even though is the author of an original work, has created that piece as “work for hire” and therefore must passed all rights to their employer. Of course, all these special circumstances must be defined in writing.

Therefore, the author of an idea is NOT always the owner of the copyright. Generally speaking, authors of expressed ideas retain their status as creators for the life of the work, and sometimes can be granted special privileges, such as displaying the work as part of their own portfolio.

However, the special rights of distribution, sales, copying, publicly displaying are still owned by the OWNER of the rights.

What is the difference between a tutorial and a design?

A tutorial is a document which contains a set of instructions, via text and images (or video) on how to create something.

A design is the actual form and shape of an artistic idea, a project.

The rights over a tutorial are not the same as the rights over a design, even though the tutorial might TEACH how to make that design.

Can I write a tutorial on a design that is not mine?

The answer is NO. Most teachers and writers think they can write and teach on designs that are not their own.

Copyright law also dictates that you cannot teach or gain commercial benefit from a design that is not your own. You must request authorization from the owner of the design first (usually the designer).

However, with that said, in artisan world, it is very difficult to establish who is the true OWNER OF COPYRIGHT of any given design.

Many artisan designs and techniques are centuries old. Who knows who was the first one to design a piece?

Some are not that old, but still, have been so popularly used and copied informally by artisans, that it is very difficult to establish the rights ownership.

Also, there are some artisans who come up with pieces without ever seeing the almost identical designs of their peers. They believe to be the original designers, when in fact, those styles have been already developed by someone else.

How can I safely select a design for a tutorial without infringing anybody else’s rights?

There is no way to be sure, however, we recommend that when in doubt, you always work on tutorials which are your own designs:

1) Avoid creating designs for tutorials which contain elements or techniques you learned from someone else.

2) Before posting a lesson, post an image of it at the Gallery. If students are interested in receiving instruction on how to learn that piece, they will vote a “Request a tutorial”.

3) Start a debate with your students. It is perfectly ok for you to comment and discuss gallery projects with your students. If you see that you are getting quite a few requests on one of your designs, then state that you have created and designed it yourself, that you plan to post a lesson and ASK if anybody has seen this style before.

4) Remember, it is impossible to know about every single design that has ever been created. The best solution is to discuss with your peers and find out what they know.

If someone posts a comment at the Gallery that they have seen this design before, do NOT feel offended. It just means that you and another equally talented artist had similar original ideas! Ask the poster if they have more information and where have they seen the design before.

Respect your colleague’s work!