Thursday, May 20, 2010

Going Pro: copyright in the new digital world

In the past few posts of Going Pro, we've looked a lot at copyright. Again, a lot of people have opinions, but it's important to see what the legal definitions -and what steps you can take to protect your creations- really entail.

Today though, I want to propose a question.

Suppose you post a nifty image of a prehistoric critter online. It's awesome, you're proud, people give you kudos. You put it under a Creative Commons Licence, the most restrictive one that says your image a) must be attributed to you, b) cannot be altered, c) others cannot profit from it, and otherwise, it's okay to post and share.

1. Then someone copies it. Another blogger. Does their own riff. Are you okay with that?

2. What if they're more famous than you, getting lots of illustration gigs, but they notice it, do their own version, and give you a nod for your cool idea. Still excited, feeling the attention?

3. What if your painting happens to hit the zeitgeist and goes all viral all over the interwebs. Everyone is sharing it. There's a day on Facebook where all the users switch to you image. But you haven't made a dime. What do you do?

We're in interesting territory. Personally, I don't believe overly restricting images (insanely huge watermarks, disabling right-clicking) are helpful to make a successful career anymore. But neither is completely open sharing.

Consider this:

[h/t Boing Boing]

It makes a strong case about question number 3, doesn't it? But how do you capitalize on that image going viral? How does it put food on the table?

I suggest it's how you parlay that viral dinosaur image into getting new contracts.

As for questions number 1 and 2, consider the post-modern, remixed, mash-up, variant-cover culture we live in. Think an Indiana Jones video game is fun? What about Indiana Jones Lego! Like Batman? Sharks? Lightsabers? Ta-da! (artist here) Authoring mash-ups and riffing on others' work is an integral part of pop culture.



Painting gets started at about the 4 minute mark in the video above.
[h/t to Boing Boing, again]

In the past, I've sometimes been the dissenting voice here at Art Evolved about all those posts showing past-art about upcoming themed galleries. I dislike them because sometimes attribution to the artwork cannot be easily found - though yes, as Peter and Craig have pointed out to me, sometimes we attribute an "orphan image" after the post goes up when a reader identifies it.

I'm uncomfortable with those posts because in a world of remixes and fun Photoshopped images, attribution and authorship can sometimes be your only coins to bank on. Literally.

Everyone has different comfort zones. Where do you feel comfortable with your images on questions 1-3 above?

-Glendon Mellow