Copyrights and Academic Honesty
Copyright, Public Domain, Creative Commons, Fair Use, and Academic Honesty
Note: this is a very general overview of this topic, and in no way shape or form constitutes legal advice. This page is almost entirely quotes and links, because many other, more knowledgeable folks have written on this topic at length.
All art builds on what came before. Whether you are creating a piece that is in direct conversation with another artwork, creating a copy of a historical work, using references to make a detail true to life, or simply using a technique that has been taught for decades or centuries or millennia, you are continuing a long and storied tradition. However, when is copying someone else's work alright, and when is it plagiarism? When are you referencing, and when are you appropriating in a way that is damaging? This page will give you links to resources so you can begin to understand these topics,* and where and how to find creative commons images.
*Appropriation is a complex discussion, and will be addressed in-person.
Here is a quick video that explains copyright, public domain, and fair use. This is an extremely simplified explanation, and towards the end it touches briefly on fair use, which is very complex, and case specific. You would do better to stick to creative commons and public domain if you are not 100% sure.
COPYRIGHT
“A form of protection provided [to creators] for ‘original works of authorship,’ including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations.” (https://www.copyright.gov/help/faq/definitions.html Links to an external site.)
Copyright basics: https://www.copyright.gov/circs/circ01.pdf Links to an external site.
PUBLIC DOMAIN
“No permission is needed to copy or use public domain works. A work is generally considered to be within the public domain if it is ineligible for copyright protection or its copyright has expired.” (https://copyright.universityofcalifornia.edu/use/public-domain.html Links to an external site.)
For more information on how to figure out if something is copyrighted or in the public domain, read this: https://copyright.cornell.edu/publicdomain Links to an external site.
If you want to find a limerick, folktale, poem, song, etc. that is in the public domain, just use the term you are searching for +“public domain” in your search query, and you will find many many results.
CREATIVE COMMONS
“A simple, standardized way to grant copyright permissions to. . . creative work. . Every [Creative Commons] license helps creators . . . retain copyright while allowing others to copy, distribute, and make some uses of their work — at least non-commercially.” (https://creativecommons.org/licenses Links to an external site.)
It is important that you understand what the creative commons restrictions mean, so if you go this route, you can read up on the different types of licenses if you follow the link above. https://creativecommons.org/ Links to an external site. is an invaluable resource, especially for artists. Just be sure to check that you give credit properly.
Places to search for creative commons images:
https://search.creativecommons.org/ Links to an external site.
http://www.google.com/advanced_image_search Links to an external site. Scroll down to the bottom and select “Creative Commons licenses” in the “usage rights” box.
https://commons.wikimedia.org/wiki/Main_Page Links to an external site.
You also have access to the ARTstor database through the SRJC Library: https://art-visual-resources.santarosa.edu/artstor-digital-library
However, please note that while the images on ARTstor are mostly available for academic uses, the majority are not under creative commons licenses. It is still a really useful resource for anyone interested in the arts. You can read more about the ARTstor copyright policies here: https://artstor.libguides.com/c.php?g=691624&p=4995787 Links to an external site.
FAIR USE
“Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.” (https://www.copyright.gov/fair-use/ Links to an external site.)
Fair use is a case specific and often confusing topic. You must be very, very sure that your usage is covered by it, and you must be prepared to defend your usage in writing.
For a more in-depth look at fair use than the video at the top of this page:
From the College Art Association Code of Best Practices in Fair Use for the Visual Arts Links to an external site.:
SECTION THREE: MAKING ART
DESCRIPTION For centuries, artists have incorporated the work of others as part of their creative practice. Today, many artists occasionally or routinely reference and incorporate artworks and other cultural productions in their own creations. Such quotation is part of the construction of new culture, which necessarily builds on existing culture. It often provides a new interpretation of existing works, and may (or may not) be deliberately confrontational. Increasingly, artists employ digital tools to incorporate existing (including digital) works into their own, making uses that range from pastiche and collage (remix), to the creation of new soundscapes and lightscapes. Sometimes this copying is of a kind that might infringe copyright, and sometimes not. But whatever the technique, and whatever may be used (from motifs or themes to specific images, text, or sounds), new art can be generated.
PRINCIPLE Artists may invoke fair use to incorporate copyrighted material into new artworks in any medium, subject to certain limitations:
Limitations:
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- Artists should avoid uses of existing copyrighted material that do not generate new artistic meaning, being aware that a change of medium, without more, may not meet this standard.
- The use of a preexisting work, whether in part or in whole, should be justified by the artistic objective, and artists who deliberately repurpose copyrighted works should be prepared to explain their rationales both for doing so and for the extent of their uses.
- Artists should avoid suggesting that incorporated elements are original to them, unless that suggestion is integral to the meaning of the new work.
- When copying another’s work, an artist should cite the source, whether in the new work or elsewhere (by means such as labeling or embedding), unless there is an articulable aesthetic basis for not doing so.
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ACADEMIC HONESTY
“Academic dishonesty is regarded as any act of deception, benign or malicious in nature, in the completion of any academic exercise. Examples of academic dishonesty include cheating, plagiarism, collusion, and other academic misconduct.” (https://rightsresponsibilities.santarosa.edu/academic-integrity)
Just as in any other class, we hold all students to a strict code of academic integrity. Using someone else’s work or images without proper credit is plagiarism. In this page, we have described many ways to find resources that are in the public domain or available through creative commons licenses. If you are using something in a fair use capacity, you must be able to justify its use in writing. All projects containing work that is not original to the student must be accompanied by simple citations (any format is acceptable, so long as it is clear who is the original author).