Keep in mind while reading this that it is written in regards to artwork with U.S. copyrights and not sound recordings, although the same information in this article can be applied to sound recordings as well.

The owner of a copyright is the person who gives the permission or rights to reproduce or authorize others to reproduce their work as copies. This right is subject to limitations found in U.S. copyright laws. One of the most important restrictions is what is called “fair use.” Now fair use came about through several law suits over the years which have been included and defined in U.S. copyright laws.

As quoted directly from the U.S. Copyrights website:

"Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The difference between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission."

What most people and artists unfortunately fail to understand is that simply acknowledging a source for copyrighted material will never be a valid substitute for obtaining permission. So it's always best to get permission and post that permission was obtained.

Now you're an artist and you'd like to use someone's artwork to base a new piece of your art on. While copyrights protect the particular way that an artist has expressed himself. It does not extend to their ideas (for instance drawing a light bulb that is shaped like a lava lamp), their systems (like another artist's style of using pen & ink), or information that is factual in the work (political figures for example). So just by copying another piece of artwork verbatim or by recreating it yourself like from a photographers photo shoot or replicating another artists work, you are infringing on that artists copyrights.

Since the Copyright Office does not give permissions for artists work, the safest thing to do, once again, is to just get permission from the actual copyright owner before using their material; even in the smallest amount.

You're probably asking, "What if I can't obtain permission?" Well, that answer is very simple. DO NOT use copyrighted material unless fair use clearly applies to your situation. And when in doubt, hire an attorney or someone who specializes in copyrights and trademarks to work with you. If you can't afford a lawsuit, then err on the side of the law that protects you the most which is not using anyone else's photos or art as a basis for your own.

Article by Christina Wilkinson © 2009