For the record, Facebook does not own the copyright<\/a> to every image you have ever posted. It does, however, get a royalty-free license<\/a>.\u00a0 Why?\u00a0 Its because of terms you must agree to when you join.<\/p>\n What does this mean?\u00a0 Let\u2019s backtrack to what rights a copyright owner has.\u00a0 A copyright owner generally has rights to exclude others from a variety of things, such as copying their work or making things based on it \u2013 unless the copyright owner has granted a license (or there is a legal defense).<\/p>\n So, back to the Facebook royalty-free (i.e. free for Facebook) license.\u00a0 This means it\u2019s free for Facebook to use your content, such as in an ad, if they should choose. All other rights of the copyright<\/a> still belong to you though, regardless of any \u201cdisclaimers\u201d you may post. This means that although Facebook can use your work, you can still grant rights to others.\u00a0 Importantly, they are just one licensee, but not the copyright owner.<\/p>\n But, misinformation abounds.\u00a0 In fact, the misinformation in the disclaimer this artist was talking about, has become so widespread that articles have been written to debunk it<\/a>. Many articles<\/a>. Many, many articles<\/a>.<\/p>\n Why the confusion?<\/strong><\/p>\n I don\u2019t blame this person for getting confused. When you are an artist, you spend your time challenging your own abilities and attempting to make something impactful – not burying your head in Nimmer on Copyright<\/em><\/a>. In fact, most artists and even lawyers that do not focus on IP probably have no idea that Nimmer is a major text on the subject of copyright law.<\/p>\n Plus, how many of us can honestly say we\u2019ve read the terms of use on these sites?<\/p>\n The law is a complex engine that can take years to grasp. Intellectual property is no different. The only reason I had an inkling that something was wrong was because I took undergrad classes in music and entertainment law (and I\u2019m a nerd that likes to read articles on copyrights in my free time).<\/p>\n The Bigger Picture<\/strong><\/p>\n This anecdote is emblematic of a larger issue I noticed during my time in the arts.\u00a0 Artists, musicians, and other creative professionals do not understand how intellectual property works. \u00a0Although the artist did not realize she had rights, sometimes artists actually violate rights of others.\u00a0 I encountered artist upon artist violating copyright protections.\u00a0 Sometimes artists improperly used copyrighted photos in official packets about a play \u2013 violating the right to reproduce or prepare derivative works.\u00a0 Other times artists copied sheet music.\u00a0 They did not seem to realize that music is creative expression that is copyrighted and must be licensed.,<\/p>\n These instances ended up being the straw that broke the camel\u2019s back for me to pursue law school. My undergrad legal education allowed me to recognize possible copyright violations and help advise on sustainable policies to prevent infringement. After I started losing track of how many violations I encountered, I realized there was a bigger problem. The arts community had a deep need for people who knew the law, who knew the arts, and who knew how to combine these into digestible concepts.<\/p>\n What artists should know<\/strong><\/p>\n An artist\u2019s job is to create and challenge our perceptions of the world. But knowing the law can actually go a long way towards helping or harming that goal. My companies have gotten cease and desist letters<\/a> ordering us to stop using protected photos or face lawsuits, had to rework budgets due to fines for IP violations, and almost lost the ability to perform plays altogether because of these legal snafus.<\/p>\n Making intellectual property law more accessible to the arts, whether through more volunteer attorneys or more educational programs for artists, could allow artists to focus on what they do best \u2013 making the world a more beautiful place.<\/p>\n Copyright is a tool that allows creators to protect their works from being reproduced or used without their consent. This allows artists to monetize their creations.\u00a0 They can do so with license fees for those that publicly display or otherwise copy their creations.\u00a0 This can give them publicity and revenue to enhance their careers. It also allows them to recoup money from those who use the same art without permission. Knowing how to navigate these rights is essential to succeeding in the arts community.<\/p>\n How you can (and should) help<\/strong><\/p>\n If we want to keep the arts alive and well, we need more people willing to bridge this gap and make the law accessible to the arts. If you\u2019re on the fence about pursuing law school or a career in intellectual property, do it. We need all the help we can get. If you\u2019re an attorney or law student, consider volunteering and giving some of your time to organizations such as Lawyers for the Creative Arts<\/a>, the Center for Art Law<\/a>, or your state\u2019s chapter of Volunteer Lawyers for the Arts<\/a>. In fact, many law firms have pro bono programs that allow attorneys to work on volunteer projects as part of their normal hours. If you aren\u2019t able to volunteer, please donate to the above organizations.<\/p>\n And for the love of God, please stop posting that Facebook disclaimer.<\/p>\n <\/p>\n Andy Sutherland<\/em> I remember the conversation that sent me to law school vividly. I was working in marketing for an arts organization, discussing an upcoming art exhibit with the artist. Of course, the topic of online marketing arose. The conversation went like this: Continue reading Legal Literacy in the Arts: My Journey with IP in the Misinformation Age<\/span><\/a><\/p>\n","protected":false},"author":35,"featured_media":4049,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[27,28,29,31,32,33,70,73,74,101,140,166,172,354,355],"class_list":["post-1756","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-why-loyola","tag-art-copyright","tag-art-intellectual-property","tag-art-law","tag-artists","tag-artists-and-law","tag-arts-marketing","tag-copyright","tag-copyright-license","tag-copyright-misinformation","tag-facebook","tag-intellectual-property-misinformation","tag-law","tag-lawyers-for-the-creative-arts","tag-why-law-school","tag-why-loyola"],"_links":{"self":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/1756","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/users\/35"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/comments?post=1756"}],"version-history":[{"count":2,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/1756\/revisions"}],"predecessor-version":[{"id":4273,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/1756\/revisions\/4273"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/media\/4049"}],"wp:attachment":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/media?parent=1756"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/categories?post=1756"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/tags?post=1756"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}![\"\"](\"http:\/\/blogs.luc.edu\/ipbytes\/files\/2021\/11\/Sutherland-Headshot-300x300.png\")
<\/p>\n
\nAssociate Blogger<\/em>
\nLoyola University School of Law, J.D. 2023<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"