Use but don’t abuse!

How often have you liked an artwork, a photograph or a piece of text on the internet, admired it and felt inspired? You may have also downloaded and saved it, in order to come back to it later on, either to refer to it or use it in a modified form. Similarly, every time you upload a photograph of your travels, your home or of your painting, there is a possibility that someone may download the image without your permission and use it on their own website, social media accounts, or even amend it and use it for commercial purposes.

While the internet has revolutionised our access to information, at the same time, it has allowed deliberate and inadvertent use/misuse of image and text. The assumption that since the image is available easily on the internet, it can be used freely, is grossly incorrect. The original creator of the image, art or a photograph owns the copyright to it and there are laws that protect any infringement or violation of it.

Be aware of the source

Plagiarism and copyright infringement exist in varying degrees and both are undesirable practices in academia and in professional fields. In some cultures, referencing an art work, especially of old masters, is usually considered an acceptable form of flattery; however, it is important to clearly mention the source.

Copyright laws vary from one country to another with different interpretations on what works. Several art forms such as paintings, books, dramas, films, music, sound recordings, etc., are covered under this law, which also stipulates what constitutes fair use, duration of copyright and other situations regarding ownership. In India, The Copyright Act, 1957, provides copyright protection with the last amendment made in 2012. Indian laws are also compliant with the Berne convention, which recognises the ownership of the work by the author — once it is created — and does not mandate registration of the work. It therefore implies that any work that is in the public domain has a copyright attached to it, unless it explicitly permits use — either limited or free.

In general, the creator of the image owns the copyright to the work and has the right to distribute, reproduce, license or sell the image. Any violations, where the work is reproduced or sold for commercial gains, may constitute infringement on the applicable copyright laws.

In certain cases, using the image under terms of fair use might be permissible, although it is considered as best practice to provide a reference or a link to the original photograph. Fair use generally allows use of the image for personal, educational, research, reporting and non-commercial purposes. Again, the terms that define fair use vary from country to country; some may imply limited use, while others adopt a broader approach. It is best to avoid using anyone’s image to steer clear of any form of copyright infringement, which can result in legal wrangles. Lawyers who specialise in intellectual property and copyright laws should be contacted in case of any dispute.

The author is a Bengaluru-based art consultant, curator and writer. She blogs at Art Scene India and can be reached on [e-mail]

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