4 WAYS TO USE T E I L F I R M S , L L C OTHER’S WORK legally Sometimes when you’re looking to use another artist’s work like a song , video , image , logo , a line from a book , or even a screenshot - not for any nefarious reason, but just to show your appreciation. The standard advice most people have heard is that you have to have the artist’s permission - full stop. While it’s usually a good idea to seek out permission, sometimes that’s not possible because the owner of the IP is so famous they’re impossible to reach, or the owner of the work is deceased. So, what do you do? Are you just now barred from even referencing their art in your work? Absolutely not! Especially in the online world as cryptocurrencies grow increasingly profitable, Non Fungible Tokens (NFTs) become popular, and virtual reality gets closer to reality - the area of intellectual property may seem muddied 4 WAYS TO USE OTHER’S WORK legally BY TEIL FIRMS, LLC 1. NO. 1 FAIR USE The inevitability of popular brands showing up in the virtual world is no secret, and maybe you too have wondered how people are referencing big names like McDonald’s and Heineken in their NFTs , or virtual worlds - and moreover if they’re getting away with it. Here’s the rub - really famous companies like McDonald’s , Lamborghini , and Apple are Trademarks. The foundational purpose of a Trademark is public display so including a McDonald’s sign in your NFT shouldn’t land you in an infringement suit. The sole purpose of a Trademark is to be seen, so in a way, your inclusion of a popular brand is thought of like a bit of free advertising. It falls under what’s called Fair Use . Herein lies the first way to legally use someone else’s work in your digital or physical art. This doesn't mean you can't be sued for damages, but the law surrounding this is still developing. This also works if your work is considered a parody of the original work. A parody in this case is defined as any work that is being used in a humorous way, in a mocking way, or in a way that is a caricature of the original art . So if you can use a brand freely without needing to change it, can you take an image of a famous person and just sell it as an NFT? Not a chance. What you can do is make enough change that it’s considered substantial change , or create a parody of the image. 2. NO. 2 CREATIVE COMMONS The second way you can use the work of another artist is by utilizing work within the Creative Commons license . Creative Commons is a non-profit organization that offers generous contributing creatives the ability to give their works a special kind of copyright that allows the one using the work to utilize and profit from the work without repercussions. The game Cards Against Humanity is a part of the Creative Commons. Similarly, databases like Pixabay, Unsplash, all of the art displayed at the Metropolitan Museum, and even certain YouTube uploads are all apart of the Creative Commons license. The third way to safely utilize the works of another creative is through Public Domain . There are two ways a work can end up in this category. The first is when the author, or creator has failed to protect a work that has become a part of the greater culture with no efforts to protect it. The second way is when a work’s protection has lapsed. Copyrights in most cases offer the prevention of unauthorized use through the lifetime of the author(s) lifetime plus an automatic 70 years after . The famous book The Great Gatsby by F. Scott Fitzgerald has recently entered the Public Domain. If you utilize any of these platforms, you likely have a work under the Creative Commons license. On YouTube you have the choice to mark your work as Creative Commons. Anyone who marks their work as Creative Commons work is able to be reused with no inhibitions to the user. You can, of course, give credit, but it isn’t required or legally obligated. 3. NO. 3 PUBLIC DOMAIN NO. 4 GET PERMISSION Finally, and most apparent - you can simply get the artist’s permission. In the case that the work you want to use does not fall under fair use, Creative Commons , or Public Domain . Sometimes this is much easier than it appears. It isn’t uncommon for an artist to be easily found on private websites, or even on social media - the latter making it easier to contact them and more likely to get a response. 4. This won’t mean you’ll always get a yes answer; but it could be a way to avoid hearing “no”, after you’ve put the work in to create a derivative piece; or worse a lawsuit because you’ve profited. Overall, you’re not limited to just paying and seeking permission from the artist. Depending on how you use and modify the work, you have several options to protect yourself, and your profits. In any cases where it’s possible - even if it’s considered Fair Use, Creative Commons, or Public Domain - do your best to give appropriate credit to the author. Even if it doesn’t ultimately change anything - it can mean that you avoid legal issues later down the road. If you enjoyed this freebie , be sure to follow us on social media for more legal tips and tricks! FAIR USE CREATIVE COMMONS PUBLIC DOMAIN GET PERMISSION 1. 2. 3. 4. RECAP: 4 WAYS TO USE OTHER’S WORK legally