Finders Keepers (losers weepers) and intellectual property

By Kayleen West

Fair game or war?

In preschool, I’d sometime hear a child yelling, “finders keepers (losers weepers)!” as another stood weeping. “Finders-keepers” is a phrase meaning; if you found something lost to a previous owner, by verbalising this phrase to a witness, one could claim ownership. When the owner didn’t manifest it was harmless. However, often the owner would step in claiming temporary displacement and conflict would arise. A reasonable child would see the mistake and return the lost property. Not all were reasonable. The finders keepers law totally disregarded the feelings or principals of the ownership. It enabled bullies or selfish children to claim what was not rightfully theirs. Losers were weepers! Children understood sacred possession and a rightful transfer usually involved a gift, a purchase, or revoked privilege from a legitimate authority like a teacher or parent.

Today—in the internet playground—our creative works are stumble upon and claimed based on a finders keepers (losers weepers) mentality. Mythical rules have been created to justify claims on art, ideas and literature. Like in the school years the owners are not happy!

Exploring image usage and copyright as I understand it...

Online writings or images are not free. You cannot and should not assume ownership.

Copyright laws vary internationally. In Australia an artist owns automatic Copyright on all creations from the moment it is created. This includes photography. It is against Australian copyright law to use any images without appropriate permission. This means on your Facebook header and avatar too people! Always assume unlawful use unless you discover otherwise. Ensure rights or permissions are obtained directly from the artist where possible.

Most legitimate stock sites are not free. Licences can vary so read carefully. What may be permissible to use on a website may not necessarily be for a logo or on a product. Some stock sites like Lightstock offer free images if you sign up to their e-news. Places like Pixabay offer images for a volunteer donation.

There is no percentage rule, whereby if you alter a certain percentage of an image you are free to copy or use. Even using a tiny part of an image (if substantial to the idea or design) can be in breach. For example: A painting’s key element is the tiny black-and-white striped apple. It is a tiny element of a large canvas full of other imagery. Replicating the apple may be in breach and liable in a court of law.

Derivative work...

Derivative work needs to be very different from the original. You need to create something unique enough, that no one recognises the original source. When gathering online reference, use as many images as possible to study only. Use them to explore a subject well enough to create something new. There are copyright free resource and reference books that you can purchase should you want to copy too closely.

Social media...Don't creatives want to be shared and seen?

Most artists are somewhat lenient with image sharing. They want their portfolio to be noticed appropriately. Always contact them for permission and link to their website with credits. I like to know how my images are used. No one wants their work representing something unethical or used for profit without some remuneration but are often delighted when others admire, share and link back. I brand all my images so others can find my website at least when shared. Use common sense when sharing Facebooks statuses etc. Social media is copyright breach city! Try and search the original source and add credits to help artists, quote writers appropriately, and share links. Don’t use any social media in your work publically though. You can find sources often by dropping the image into Google’s image search box—easy! You can track breaches this way too.

Summary

Regardless of copyright law, it’s important to remember fairness. Be mindful of the creator’s time and vision. When influenced and excited by other creatives, ask yourself, am I creating something completely original? If not, you may need to revisit your process. Creatives want to share but need to know it’s safe. They deserve to be respected by their community. Finally, don’t cheat yourself. To quote John Manson - “We were born an original, don't die a copy.”

Disclaimer

I am not a legal professional and do not claim to be. I need the assistance of an IP lawyer in this area of expertise. You will need to do the same for any and all legal advice and actions. You will also need to check current laws appropriate to you. This article is not a legal document

Kayleen is an award winning children's author, illustrator, designer and creative educator. Her works hang in private and corporate collections around the world including the Australian Embassy in Ireland. Since late 2009 she has authored picture books, Adoptive Father and Without Me? and illustrated, Better Than A Superhero, Celia and Nonna and the soon to be released, We Worship God by Xist Publishing.

You can view her portfolio and blog at www.kayleenwest.com.au

Intellectual property for the creative Christian – Part 1

By Kayleen West

Intellectual property rights not only protect an end product, but also creative ideas. Creatives make and sell their ideas in the form of written, illustrated, performed or virtual products. This valuable commodity requires laws for protection. Enforcing our rights as Christians, however, may not always end in a courtroom.

I faced an intellectual property challenge days after receiving this article request. A client commissioned weeks of my time as a professional illustrator, only to cancel abruptly midway. No phone call to discuss any issue. Just goodbye—I appreciate your effort— but I don’t feel I need to pay you anything. I offered a kill fee for my time to release him from full payment with a generous discount for prompt payment. He ignored all communication. My husband was infuriated and went for a long bike ride to pray. I had been up late most nights for weeks working to meet the extremely tight deadline and my clients every request. I had even sourced printing to save my client thousands of dollars. He was a Christian. We were both stunned!

Creative projects are no less valuable than any other paid service. While we automatically pay a dentist for fillings, creatives too, deserve financial compensation for their time.

I launched into prayer but felt foolish and incredibly robbed. I was about to claim my account legally when I felt God say, “Release the debt to me and I will bless you.” Scripture began to flood my mind. I then saw the seriousness of what this man had done. I felt God impress on me that theft is never a silent act and to get advice from my pastor to confirm what to do. I did. I handed over the debt to God and felt immediate peace. I also knew God’s capacity to bless far outweighed any financial reward. My heavenly Father blesses with gifts money can’t buy!

I experienced several delightful miracles that confirmed to me God’s blessing began immediately—I was thrilled! My bank account awaits my earnings but I have faith that God will provide compensation somehow. I have peace knowing my provision comes from God not man.

My intention was always to thrill my client by blessing him with my gift and experience. I am disappointed I didn’t get to complete the project but maybe God is teaching him something—who knows? I learned something too. Just because someone recommends someone they believe to be honest (even a Christian) always take a deposit and prompt stage payments no matter what! I didn’t do this and my client cancelled just before the deadline of the first instalment. Understanding our rights is important and we don’t need to be doormats for abuse, but we are called to live in peace where possible, and make right choices. I made a mistake that cost me a month’s wages. It was a costly for my family but I’ll never repeat this error.

I want to be a peacekeeper; to be guided by the Holy Spirit and God’s word in all things. This particular challenge raised a lot of questions for me but I found God’s answer in this situation. I am grateful God deals with some of the tougher issues in my life when I can’t and can step in as my dad and take care of things.

If we (as Christ representatives) mirror Christ by honouring other people; their time and intellectual property we wouldn’t need a court of law. Business integrity needs to start within our own community. This may seem idealistic but think about this… if the church mirrored Jesus more closely perhaps the world would see Jesus more clearly. Remember… salt of the earth? By their fruit you’ll know them? Be a light on the hill… etc? Bad leaven does spoil the dough, reflecting not only on ALL the church but also unfairly on the Lord Himself.

Let’s make it a regular prayer to be more like Christ in all we do including business? I promise to continue to do the same.

In my next article I’ll talk about what is acceptable image usage and copyright.

In the meantime, here are the scriptures that flooded my mind:
"You are not to oppress your neighbour or rob him." The wages of a hired labourer are not to remain in your possession until morning. - Leviticus 19:13 
People do not despise a thief if he steals to satisfy his hunger when he is starving. Yet if he is caught, he must pay sevenfold, though it costs him all the wealth of his house. - Proverbs 6:30-31 
Look! The wages you failed to pay the workers who mowed your fields are crying out against you. The cries of the harvesters have reached the ears of the Lord Almighty. - James 5:4

Kayleen is an award winning children's author, illustrator, designer and creative educator. Her works hang in private and corporate collections around the world including the Australian Embassy in Ireland. Since late 2009 she has authored picture books, Adoptive Father and Without Me? and illustrated, Better Than A Superhero, Celia and Nonna and the soon to be released, We Worship God by Xist Publishing.

You can view her portfolio and blog at www.kayleenwest.com.au