Visual Copyright Case Study
Copyright for visual artists is complex, challenging and ever evolving as technology and people change with the times. Although we have clear cut copyright laws, how these are interpreted and enforced in the real world is often dependent on a number of variables.
Guidelines for classroom or individual study
- Read the case carefully to get an understanding of the people, facts and events. Who are the people involved in this case? What were the facts and events? What were the benefits and risks for each party involved? Is there unfamiliar terminology used in the case? If so, find out what it means. In the Case of the Borrowed Buddha, you must know what the following concepts mean in order to understand the case: social networking site, profile, DeviantART, Creative Commons, direct linking, watermarks. Summarize the case in 300 words or less.
- Did copyright infringement occur, in your opinion? If so, explain why, using proper terminology. What were the rights of the artist in this case? If this is a case of copyright infringement, does this case need legal intervention? If so, why, and how would you go about it and what laws would be applied to the case? Is there a court case pending or in progress?
- If this is not a case of copyright infringement, in your opinion, what would you call it? Analyze and discuss the issues involved and give your reasons why it is not copyright infringement, using appropriate terminology.
- Can you come to any conclusions from studying this case? What have you learned about visual copyright from this case?
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Disclaimer
These pages are for educational purposes only. This site offers a combination of fact, anecdotal information and editorial opinion of the writer, none of which should be construed as legal advice. If you require legal assistance on any aspect of copyright law, please contact a lawyer.