ART 336: History of Graphic Design: Cite Sources

Copyright:

: the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as a literary, musical, or artistic work)

– from Merriam-Webster.com

Fair use:

“…fair use is any copying of copyrighted material done for a limited and ‘transformative’ purpose, such as to comment upon, criticize, or parody the copyrighted work…can be done without permission from the copyright owner.” – Fair use Stanford University

…four factors must be evaluated to determine whether a use is fair:

1. Purpose and character (education/commercial?/Non-profit or for-profit?)

2. Nature of copyrighted work (published/unpublished? Factual or creative?)

3. Amount and substantiality of portion used in relation to copyrighted work as a whole (How much are you using? Is the part you’re using the heart of the work?)

4. Effect of the use upon the potential market for or value of the copyrighted work (How widely distributed? Use spontaneous or repeated?)

– Salisbury University Copyright Libguide

Intellectual Property:

: property (such as a concept, idea, invention, or work) that derives from the effort of the mind or intellect : also : a right or registration (such as a patent, trademark, trade secret, or copyright) relating to or protecting this property

– from Merriam-Webster.com

Plagiarism: 

“intentionally or unintentionally presenting thoughts or ideas from another source as one’s own or without appropriate attribution; intentionally or unintentionally disregarding proper scholarly procedures; and other acts generally recognized as plagiaristic”

– from Salisbury University Student Academic Misconduct Policy

: to steal and pass off (the ideas or words of another) as one's own : use (another's production) without crediting the source : to commit literary theft : present as new and original an idea or product derived from an existing source”

– from Merriam-Webster.com

Appropriation:

: to take exclusive possession of :ANNEX : to set apart for or assign to a particular purpose or use : to take or make use of without authority or right 

– from Merriam-Webster.com

"As an artist, appropriation means taking in an image that is not your own and changing it significantly to suit your own personal vision. Plagiarism is the act of copying from another person without significant change [or attribution to the original creator]"

— Weber, Pam (n.d). The difference between plagiarism and appropriation in art. Ink for all. Retrieved February 2, 2024. https://inkforall.com/copy-editing/plagiarism-checker/difference-between-plagiarism-and-appropriation/

Pro tip:

"As a rule of thumb, a found resource image must be at least 65% changed to be considered an appropriation."

— Weber, Pam (n.d). The difference between plagiarism and appropriation in art. Ink for all. Retrieved February 2, 2024. https://inkforall.com/copy-editing/plagiarism-checker/difference-between-plagiarism-and-appropriation/

Other Resources:

Salisbury University Libraries' Copyright LibGuide:

https://libraryguides.salisbury.edu/copyright

United States Copyright Law:

https://www.copyright.gov/title17/

Most relevant: Ch. 1 Subject Matter and Scope of Copyright, Ch. 2 Copyright Ownership and Transfer, Ch. 3 Duration of Copyright, Chps. 10/11/14 for Music, Ch. 12 Copyright Protection and Management Systems (DMCA)

Cornell University Law Fair Use:

https://www.law.cornell.edu/uscode/text/17/107

Digital Image Rights Computator (DIRC):

http://dirc.vraweb.org/howtouse.html

Checking Status of Copyright for an Image

American Society of Picture Professionals (ASPP):

http://aspp.com/resources/best-practices/

Best practices for locating copyright owners of photographic and visual art

My Copyright Toolkit

Resources on every aspect of copyright. Check out the Key Tools, Public Domain & Free to Use, Creative Commons, and Fair Use pages!