What is fair use in reference to artwork?

Fair use is a legal concept that refers to using copyrighted material without permission from the copyright holder. In the context of artwork, fair use is a defense that protects artists from the charge of copyright infringement. For example, if an artist makes a painting based on a photograph, they may not have to ask for permission to use the photograph if it falls under the fair use doctrine. Under Kansas law, fair use typically covers the use of artwork for educational or transformative purposes. Educational purposes include using artwork for research and criticism, as well as in teaching, scholarship and public lectures. Transformative purposes include artwork used for parody, criticism, comment, news reporting, and research. Fair use also protects artists from being sued for copyright infringement when your artwork is displayed publicly, or when selling artwork to a collector. However, if an artist creates something that copies another artist’s artwork too closely, they may still be liable for copyright infringement even if they use the fair use doctrine. Overall, Kansas law allows fair use of artwork in some cases. Every art-related copyright infringement case is unique and must be evaluated on an individual basis. If an artist believes their work falls under the fair use doctrine, they should consult with an attorney in order to determine if their artwork is legally protected.

Related FAQs

How is artwork appraised?
What is moral rights infringement?
What is an artist resale royalty agreement?
How long does a patent last?
What is a commissioning agreement?
What are an artist’s moral rights?
How are moral rights protected?
What is a trademark?
What is an infringement of patent law?
How can I protect my artwork from unauthorized use?

What is fair use in reference to artwork?

Related FAQs

Related Blog Posts