Australian Copyright Council

You are here → HomeFind an AnswerBrowse by What You DoArtists

Artists

In this section you will find user-friendly information sheets and FAQs relevant for Artists.

Related Info Sheets

Related FAQs

As a video artist, can I use content from YouTube?

6.9.2009

There are no special rules that allow video artists or film makers to use material merely because it is posted to Youtube or any other site.

 

 

In some cases, people posting to YouTube enable features such as “embed” and “download”, but these of themselves would not give you permission to use something from the site in a new video work.

 

In some cases, however, one of the fair dealing exceptions may be available to you (for example, if you are using the material for parody or satire), but each case will depend on its own facts.

 

If an exception is not available to you, you will need permission. Given the risk that the person who uploaded the material to YouTube may not own any or all of the relevant copyrights (for example, music and recordings on the soundtrack may be owned by music publishers and record companies), make sure you list each of the relevant copyrights you want to use, and get appropriate warranties and indemnities from anyone purporting to be able to give you permission.

 

Make sure you consider each of the relevant pieces of copyright material when considering whether or not you can rely on an exception.

Back to top | Permalink

Can I hand draw a chart of marine features from one that is already available?

16.6.2008

You do not have the right to reproduce a map or chart simply because you own a book in which it is reproduced. If you own a printed copy of a map or chart, you will need to get permission to use it in the ways reserved to the copyright owner (unless copyright has expired, or an exception to infringement applies).

Back to top | Permalink

Do I need permission to use clip art images in a document I am creating?

28.05.2009

You should check whether the licence agreement which came with the clipart software (or appeared on the website from which you downloaded the clipart) allows you to use the art in the ways you want. If you are uncertain whether you are allowed to use the material in your document, you should check with the distributor or copyright owner.

Back to top | Permalink

Do I need permission to put an artwork onto my website?

28.05.2009

Generally, yes. If the work is protected by copyright you will need permission from the copyright owner to communicate the work to the public via the website, unless one of the exceptions to infringement applies to the situation.

Back to top | Permalink

Can I use another person’s work without permission if I make changes?

30/5/2009

Generally, you will need express or implied permission to copy someone else’s work even if you are making changes or additions to it (such as changing the colours). If you can put two works side by side and still identify important parts which have been copied, it is likely that you need permission.

Back to top | Permalink

Do I need permission to make things from items containing copyright material?

30/5/2009

You generally do not need permission if you do not copy – for example, if you make a collage from photographs cut from magazines, or if you mount postcards on trays or teapot stands, you will not need permission from the copyright owner. Similarly, you do not need copyright permission to make things from fabric which contains pictures or designs (for example, cloth with Harry Potter printed on it).

 

You may, however, need permission if you subsequently wish to photograph or sketch the craft item containing the image (for example, in a catalogue). Generally, you will need permission from any copyright owner whose work you wish to substantially reproduce in the photo or sketch. In some commercial contexts, you may also need advice from a solicitor in private practice as to whether your use of images or logos gives rise to issues under other areas of law.

Back to top | Permalink

Related Books