Artists' Rights
101
Why do creatives need to know their professional rights?
Artists should be well-versed in their legal rights, encompassing copyright, labor rights, the Creative Industries Act, and the Freelance Workers Act, among others, for several crucial reasons.
Understanding copyright laws ensures the protection of intellectual property, allowing artists to control the use of their creations. Knowledge of labor rights empowers artists to negotiate fair compensation and navigate contractual agreements.
Familiarity with industry regulations, including the Creative Industries Act, ensures compliance and access to support programs. For freelance artists, awareness of the Freelance Workers Act is vital, providing protections related to payment, contracts, and dispute resolution.
Overall, this legal knowledge equips artists to advocate for themselves, contribute ethically to the industry, and foster a culture of awareness and empowerment within the creative community.
What we'll cover:
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Copyright
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Creative Industries Act
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Freelance Workers Act
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Labor
Overview of Rights
You may find the comprehensive information on pertinent rights concerning creative professionals below. Browse through the tabs to learn more about each category.
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What is copyright?
Copyright is a legal concept that grants creative professionals exclusive rights to control the use and distribution of their original artistic works that contain their expression. This protection encompasses a wide range of visual creations, including paintings, drawings, sculptures, digital art, and more.
As such, any original work of the artist is protected by copyright as soon as the work is completed. Ideas, no matter how groundbreaking or new, do not qualify for copyright protection. Though in the case of works-in-progress, as long as the work has come to enough fruition for it to be considered an existent work of the creator’s originality and expression, then copyright protection applies. If not, then no.
Another important thing to consider when talking about copyright are economic rights and moral rights. Economic rights provide the author the ability to financially benefit from and manage the commercial use of their creations such as the rights to: reproduction, distribution, public performance, public display, and adaptation (or derivative works).
Though, unlike economic rights, moral rights often persist even after the creator has transferred or assigned their economic rights to other people. Moral rights are commonly associated with the reputational and personal interests of the creators. These moral rights include the rights to attribution (to be recognized as the author) and the right of integrity (to object to any distortion or mutilation of the creative work that harm the artist’s reputation).
Though, what does not fall under moral rights is the destruction of work. Because, to put it simply: a creative work cannot taint the artist’s reputation if it no longer exists.
Why understand it?
As the copyright owner, a creative professional has the sole authority to reproduce, distribute, display, and create derivative works based on their original creations. This legal framework safeguards the artist's intellectual property, providing the foundation for financial control, recognition, and the ability to license or sell their work.
Understanding copyright is crucial for artists as it empowers them to protect and control their creative works. By grasping the principles of copyright, artists can discern how their creations can be used, prevent unauthorized reproduction, and negotiate fair compensation for their work. It also allows artists to license their creations, ensuring they are appropriately credited and remunerated when their art is used commercially.
In essence, a solid understanding of copyright safeguards artists' intellectual property, preserves their artistic integrity, and enables them to navigate the complex landscape of the creative industry.
What are its limitations?
Copyright is not eternal. Yes, it applies to the creative work from the moment of completion but copyright protection has an expiration date which is 50 years from the date of the creator’s death.
There are also certain uses of copyrighted material that are considered fair use, such as for purposes of criticism, comment (i.e. parodies), news reporting, teaching, or research. If the use of a copyrighted work falls under fair use, then it could be used limitedly without the permission of the author. Additionally, if a reproduction completely changes the meaning of the original work, then it can fall under fair use. This is so because the original intent or expression is not replicated.
Then there are works under public domain wherein the work may be freely used by the public without restraint. Works fall under public domain once the work’s copyright expires or due to the intentional dedication by the creator.
As mentioned previously, ideas are not protected by copyright. Copyright only protects its visible and/or tangible expression. This is so because others can use the same ideas in their own way.
If an artist works for a company, the copyright owner of that artist’s creative work is the company they work for. That is, unless joint copyright is officially agreed upon. If the artist is a freelancer, they are the sole copyright holder of their creative work.
Lastly, government works are not eligible for copyright since they are considered part of the public domain.
So... what now?
If one suspects copyright infringement of their own work, they are within their rights to sue the other party. Copyright infringement is when someone else uses, reproduces, distributes, or displays copyrighted material without the copyright owner’s permission. Infringement can be detected if the new work contains the slightest bit of similarities of the original work, especially to its meaning and intention.
Copyright owners can pursue legal action against copyright infringers through three different types of cases: administrative, civil, or criminal proceedings.
Administrative cases aim to only completely halt the infringer’s reproduction.
In civil cases, the focus is on seeking compensation in addition to the ceasing of reproduction.
Whereas in criminal cases, these may result in the imprisonment of the infringer and the payment of damages.
External Resources
Scroll back to the top and learn more about the other legislations and house bills meant to protect the interests of creative professionals! :)
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thanks for this, it's very helpful!
Wow! So informative!
I wonder if creatives in the Philippines who have experienced exploitation have really taken action against these issues
thank you! really helpful :))
Thanks for this information!