Understanding Fair Use and Fair Dealing in Copyright

By Iola Goulton

My previous two posts looked at What Is Copyright? and How and When Can I Use Copyrighted Material? As I mentioned, creators (including authors and bloggers) can use copyright material without permission when it falls under the doctrine of fair use or fair dealing. That’s what we’re discussing today.

As you read this, please note that I am not a lawyer, and this is not legal advice. There is a lot of great information about copyright on the internet, but none of it is legal advice. To get legal advice, you pay a lawyer licensed to practice in your state or country.

What is the Doctrine of Fair Use or Fair Dealing?

The doctrine of Fair Use (US) or Fair Dealing (UK and New Zealand) permits limited use of copyrighted material without permission. The key word here is ‘limited’. You can’t copy everything … but there are no clear guidelines as to how much you can copy.

When Does the Doctrine of Fair Use Apply?

The United Kingdom has three uses of copyright information that provides a defence for fair dealing:

• For the purposes of research or private study.
• To allow for criticism or review.
• For the purpose of reporting current events (excluding photographs).

These are pretty straightforward yes/no questions for those who are using copyrighted content. However, the use also needs to be ‘fair’, which isn’t so easy to define. ‘Fair’ can include consideration whether the use of the work affects the market of the original work, whether the amount used is reasonable and appropriate, and whether the original creator receives sufficient acknowledgement.

US law considers four factors in a Fair Use defence:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Fair Use and Fair Dealing

Overall, while the UK and the US use different language, the intent is the same: to prevent the inappropriate unauthorised use of copyrighted material.

But what does this mean for authors and bloggers? How can we tell if our use is fair? In my non-expert opinion, there are four main questions we must ask ourselves before copying information to use in a blog post:

• Is the original work covered by copyright?
• Is my proposed use commercial?
• Is my proposed use transformative?
• How much will I use?

Is the original work covered by copyright?

As discussed above and last week, this will depend on the date and place the work was first published, and who it was published by. As a general guide, anything first published before 1923 is likely to be in the public domain.

Steve Laube has just published a blog post with some handy information on how to find if a work is covered by copyright:

• Search form on the US copyright website
• Booklet: How to Investigate the Copyright Status of a Work

Note that these are US resources. These sources may not give correct information if the work in question was first published outside the US.

Is my proposed use commercial?

Copying or reproducing copyrighted material is more likely to fall under fair use if there is no commercial benefit to the user. This means churches can quote a verse of the week in a church bulletin, but can’t reproduce and sell the Book of Acts, and a quote in a free blog post is more likely to be considered fair use than the same quote in a paid book or training course.

Is my proposed use transformative?

Transformative uses add something new to the original work, and this is more likely to be considered fair use. Common examples of transformative use include commentary and criticism, and parody:

Commentary and Criticism

The principle of fair use allows authors to quote from the original work for the purpose of commentary or criticism. This could include:

• writing an article or blog post
• writing a book review
• writing a news report

The underlying rationale of this rule is that the public reaps benefits from your review or blog post or news report, and that benefit is enhanced by including some of the copyrighted material.

Of course, the original author may reap some benefit as well, especially if it’s a glowing five-star review.

Transformative use implies that there is more original work than quoted work. Quoting a hundred words from another author and adding a sentence of your own is less likely to be considered transformative than quoting a sentence from another author and adding a hundred words of your own (I may be wrong. But I don’t want to be the test case. Do you?).

Parody

Parody imitates a well-known work in a comedic way (think Weird Al Yankovic or The Key of Awesome).




Parody permits extensive use of the original. Print examples include Where the Wild Mums Are and Where the Wild Dads Are.

The day Mum didn't get dressed and went on strike, Dad called her 'a Wild Thing' and Mum said 'Cook your own dinner' and stomped off upstairs to have a bath . . .

I couldn't possibly relate.

How much will I use?

The larger the proportion of the total work quoted, the less likely it is to be considered fair use.

This includes the quantity and the quality of the work. If you only quote one line, but that line is key, it’s less likely to be considered fair use:

Even a smaller percentage of the work can be an infringement if it constitutes the heart of the work being quoted. 

Source: Chicago Manual of Style, 16th Edition, 4.79

This question of proportion is relevant with song lyrics. A book meme (i.e. non-commercial use) quoting ten words from an 80,000-word novel is likely to be considered fair use. A novel (i.e. commercial use) quoting ten words from a 200-word song is less likely to be considered fair use.

Unfortunately, there are only guidelines. There are no clear rules:

Courts evaluate fair use claims on a case-by-case basis … there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.

If in doubt, leave it out.

Do you have any questions or advice on copyright or fair use?

About Iola Goulton

I am a freelance editor specialising in Christian fiction. Visit my website at www.christianediting.co.nzto download a comprehensive list of publishers of Christian fiction. 

I also write contemporary Christian romance with a Kiwi twist—find out more at www.iolagoulton.com.

You can also find me on:
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When and How Can I Use Copyrighted Material?

By Iola Goulton

I’m following up from last week’s article on copyright law by discussing when and how authors, bloggers, and other creators can use copyrighted material without permission.

As you read this, please note that I am not a lawyer, and this is not legal advice. There is a lot of great information about copyright, but none of it is legal advice, and a lot of it is written purely from a US standpoint (which means it's relevant, but it's not the end of the story). 

To get legal advice, you pay a lawyer licensed to practice in your state or country. 

When Can I Use Copyrighted Material?

In my research, I've found three instances where authors and bloggers can use copyrighted material:

1. When the material is not under copyright
2. When the copyright holder gives permission
3. When the use falls under the doctrine of Fair Use

When the Material is Not Under Copyright

Public Domain

Not everything is covered by copyright. Works which are not under copyright are considered to be in the public domain. This includes works published in the US before 1 January 1923, or works by authors who died more than seventy years ago (although this “life plus seventy” rule is lower in some countries).

Facts and Ideas

Facts and ideas are not covered by copyright, but the original expression of those facts and ideas is. However, it's still a good idea to disclose the source of your facts (especially in the modern era of fake news).

Government Publications

Many government publications can be reproduced without permission in many circumstances. US government publications are public domain in the US, but copyright outside the US. Many Commonwealth countries use Crown copyright, although the specific regulations in each country are different.

In Australia, the Crown holds copyright to anything first published under direction or control of the government. Legislation and other “prescribed works” may be copied and sold, as long as the sale price doesn’t exceed the price of copying.

In New Zealand, all work produced by government departments and MPs as part of their work is copyright to the Crown. Legislation and certain other documents do not carry any copyright. Logos, emblems, or trademarks can’t be reproduced without permission, probably because that could lead to “passing off” (e.g. the scam emails with official logos claiming you owe money to a power company you don’t use).

Material covered by Crown copyright can be reproduced free of charge without permission, as long as it meets these three criteria:

• Reproduce the material accurately
• Don't use the material in a derogatory manner or a misleading context, and
• Acknowledge the source and copyright status of the material

These make good guidelines for sharing any material produced by someone else, whether under copyright or in the public domain.

Creative Commons

Some work on the internet is covered by a Creative Commons licence—the best example is WIkipedia. This means people can copy without permission, although they should still give the correct attribution. Copying without attribution is plagiarism. There are several types of Creative Commons licence, and you can find out more at CreativeCommons.org/.

When the Copyright Holder Gives Permission

Creative Commons and Crown copyright are effectively forms of the copyright holder giving blanket permission for creators to use their material, as long as creators abide by specific rules. Bible translations are subject to similar terms, as I mentioned last week.

For everything else, creators need written permission from the copyright holder … unless their copying falls under what the US government refers to as “fair use” and the UK and New Zealand governments refer to as “fair dealing”. It’s too much to cover in one blog post, so I’ll cover fair use in my next post.

Meanwhile, let’s look at one more important question: how can we use copyright material?

How Can I Use Copyright Material?

Get Permission

If you want to use copyright material for commercial purposes, seek written permission from the copyright holder in advance, or ensure your use is covered by fair use/fair dealing (which we’ll discuss in my next post).

Identify Your Quotes

Make it obvious what is a direct quote by:

• Including the quote in quotation marks.
• Changing the look of the quote by using a different font, a different font colour, or a different font style (e.g. bold or italics).
• Separating the quote from the main text by indenting it or placing it in a box.

Not identifying quotes is plagiarism—passing off someone else’s work as your own.

Identify Your Source

This is easy on the internet—you just need to add a hyperlink to the relevant article or blog post. It’s a little harder in a paper document, but that’s why Word includes a References section, so you can easily add captions, citations, footnotes, and endnotes.

Provide attribution to your sources even if they are out of copyright—passing someone else’s work off as your own is plagiarism. It might not be illegal in your jurisdiction (although it is in the US), but it is unethical.

Quote Accurately

Ensure your quotations are accurate—don’t change the meaning.

Keep Quotes Short

Keep your quote as short as you can while still making your point. The longer your quote, the less likely it is to be considered fair use or fair dealing.


For more information on copyright and fair use in your jurisdiction, ask your favourite internet search engine. No, you can’t trust everything you read on the internet, but here are some of the trustworthy source I found:

Government Sites

Copyright New Zealand
Australian Copyright Council
Copyright law in the USA
UK Copyright Service
New Zealand Intellectual Property Office

University Sites 

Harvard University
Stanford University

Not-for-profit Sites 

Creative Commons
Plagiarism.org

Individual blogs and posts from lawyers or publishing professionals

The Passive Voice Blog
Susan Spann
Kristine Kathryn Rusch

If you’re still not sure whether you can copy something … don’t.

About Iola Goulton

I am a freelance editor specialising in Christian fiction. Visit my website at www.christianediting.co.nzto download a comprehensive list of publishers of Christian fiction. 

I also write contemporary Christian romance with a Kiwi twist—find out more at www.iolagoulton.com.

You can also find me on:
Facebook (Author)
Facebook (Editing)
Instagram
Pinterest
Twitter

Understanding the Principles of Copyright

By Iola Goulton

What is Copyright?

In essence, copyright is the right to copy. (Sounds obvious, right?)

Copyright includes the right to reproduce, distribute, and display copyrighted works. It is a form of intellectual property, an asset that has monetary value. Copyright law is designed to protect the rights of those who create content.

What Does Copyright Cover?

Copyright covers original works, whether words, sounds, or images, and whether published or unpublished. This includes books and blog posts, but also includes music, lyrics, movies, TV shows, scripts, plays, speeches … it’s broad. Basically, copyright covers the creation of any original work, in any form.

Who Owns the Copyright to a Published Book?

The author (well, they should). The author signs a contract with a publisher which licences specific rights. This licence gives the publisher the temporary right to reproduce, distribute, and display copyrighted works (i.e. to print and sell the book).

A good contract will specify what rights are included, e.g. the format of the book, the language, and the countries the book can be sold. It will also include how the author can get those rights back (e.g. so the author can self-publish the work). Never sign a contract that’s for life of copyright. That basically means the publisher owns the book, not you.

If you want to know more about the ins and outs of publishing contracts, I recommend Kristine Kathryn Rusch’s blog.

Copyright is Automatic

Copyright is automatic for work first published after 1 March 1989. Works do not have to have a © symbol or notice of copyright to be covered. The law is more complex for earlier work, so it’s best to assume a work is covered by copyright unless you have evidence to the contrary.

Copyright is International

All countries have laws relating to copyright. While there are minor differences (e.g. the length of copyright, whether you need to register copyright), the principles are the same, thanks to the Berne Convention.

There is a legal concept known as the long arm of the law. I thought this a cliché used in Western movies, but it apparently is a real thing. Author and lawyer Courtney Milan says:

you can be prosecuted by a state so long as you have “minimum contacts” with that state.

Milan was talking about online giveaways, not copyright law, but my unlegal interpretation* of long-arm jurisdiction is that anything you publish needs to abide by:

• The copyright laws where you live.
• The copyright laws where you publish.
• The copyright laws where your readers live.

So a blog post (like this one) published on a US-based website (like Blogger) that attracts readers from Australia, New Zealand, and the US needs to comply with US copyright law. And Australian copyright law. And New Zealand copyright law.

Copyright is Universal

Fortunately, most of the principles are universal, thanks to the Berne Convention. Where things differ by country, my suggestion is to abide by the most conservative. So if a work under copyright in country A but not in country B, I suggest you treat the work as if it was still under copyright.

Here are two well-known examples:

• The King James Bible
• Peter Pan

The King James Bible

Most American Christians will tell you the King James Bible is out of copyright. However, it is still under copyright in the United Kingdom—copyright is held by the Crown i.e. HM Queen Elizabeth II. King James Bibles are published in the UK by the Crown’s patentee, Cambridge University Press.

So if it’s reasonable to assume your book might be purchased in the UK, it would be appropriate to include the appropriate copyright statement. (Not that I’ve ever heard of the Queen suing anyone for copyright infringement over the King James Bible. But it could happen.)

Note that it’s not the original text of the Bible which is subject to copyright, but the translation. 

So all more modern versions of the Bible, including the New King James Version, are under copyright, because they are translations. Most modern translations allow authors to quote up to a specific number of verses without written permission as long as the follow specific guidelines. You can find up-to-date copyright and permission information by clicking on the relevant version at Bible Gateway.

Peter Pan

JM Barrie gifted the copyright to Peter Pan (the play and the later novelisation) to Great Ormond Street Hospital for Sick Children in 1929. That copyright originally expired in 1987, but the UK Copyright, Designs and Patents Act 1988 includes a clause that specifically states GOSH has a right to royalty in perpetuity in the UK for stage productions, broadcasting, or publication.

But that doesn’t apply internationally. The novel is considered to be in the public domain in most countries, although the play version is still in copyright in the US until 2023 (so if Hollywood wish to produce a Peter Pan movie, the producers must licence the rights from GOSH).

Copyright Infringement

Copyright infringement is a big deal. It’s against the law in the same way as stealing is against the law. As an awkward object lesson, Abingdon Press have recently pulled a book from sale after finding numerous instances of plagiarism

Plagiarism is quoting other people’s work without appropriate attribution.

Strong for a Moment Like This: The Daily Devotions of Hillary Rodham Clinton by Rev Bill Shillady is a collection of 365 devotions provided to the former First Lady during her presidential campaign. Unfortunately, not all the material was original.

The plagiarism was discovered when CNN published one of the devotionals, and a pastor from Indiana contacted CNN, saying parts of the devotional seemed to be “inspired” by a blog post he published in March 2016. Despite the book having over 200 citations, there was more content that had not been correctly cited. The book was pulled from sale less than a month after publication.

It is estimated that 3,000 copies of Strong have been sold, from a print run of 80,000. The remaining books will be recalled and pulped.

Does This Mean I Can’t Use Copyrighted Material?

You can still use copyrighted material if you have written permission from the copyright holder (note that this may not be the original creator—Paul McCartney doesn’t own the rights to most of the 250+ songs he created with John Lennon).

You can also use copyrighted material without permission in certain specific circumstances, as outlined in the US doctrine of Fair Use.

I’ll be back next week to discuss Fair Use, and give some tips for using copyrighted material without getting into trouble.

Please note that I am not a lawyer, and this is not legal advice. There is a lot of great information about copyright on the internet, but none of it is legal advice. To get legal advice, you pay a lawyer licensed to practice in your state or country. 

About Iola Goulton

I am a freelance editor specialising in Christian fiction. Visit my website at www.christianediting.co.nzto download a comprehensive list of publishers of Christian fiction. 

I also write contemporary Christian romance with a Kiwi twist—find out more at www.iolagoulton.com.

You can also find me on:
Facebook (Author)
Facebook (Editing)
Instagram
Pinterest
Twitter

How to Use Images in Blog Posts (Legally)

By Iola Goulton

We are visual people, and we love images. As the old adage says, a picture tells a thousand words. Our society has become more and more image-based. Advertising uses images to sell to us. We judge books by their covers. We flock to image-based social media networks such as Instagram and Pinterest, while even Facebook and Twitter prioritise posts with images over text-only posts.

Images in blog posts can be a great way to break up the text and make the reading experience more user friendly. But we can’t just use any image.

Using Images Online

Many people will tell you that you can copy and use any image you find online. Others will tell you certain images or photographs are copyright-free.

They are wrong, as some bloggers have discovered at great cost.

All images on the internet are copyright.

Even photographs of old paintings. The paintings themselves are no longer under copyright, but the photographs are. Using these images without permission is a breach of copyright, in the same way as pirating a book or a movie is a breach of copyright.

Copyright is a form of intellectual property. It means the creator of a piece of content owns that content (apart from exceptions like a work for hire arrangement, which means your employer probably owns the copyright to any content you produce as a part of your normal employee duties).

As a blogger and writer, you want people to respect your copyright rights. You don’t want to find someone has pirated your ebook, plagiarised your paperback, or copied your blog post verbatim.

So it’s only fair that you need to respect the copyright rights of other creators—writers, illustrators, photographers, anyone who creates copyrighted material and shares it online or in real life.

This means you need to make sure you have the right to use any and all images.

Images You Can Use on Blog Posts

Your Own Photographs

If you took the photograph, you own the copyright, and you’re usually safe to use the picture. The exception might be if you’re using a picture of a famous building—some buildings are trademarked and can’t be reproduced commercially (e.g. on a book cover) without permission.

For example, the London Eye can be included as part of a skyline shot, but can’t be the main focus pf the photo. Nor can you use photographs taken from inside the Eye without permission. And while photographs of the Eiffel Tower in daytime are permissible, photographs of the nightly illuminations are not—they are copyrighted.

Note that you have to take the photo yourself in order to own the copyright and the right to use the picture. If a monkey takes a photo on your camera, the monkey may own the copyright on the image (Seriously. The court case is ongoing).

Photos You Own

You can use photos taken by someone else, but for which you have purchased the rights. If you plan to use the image commercially (e.g. on a book cover), make sure your contract includes commercial rights (and check the number of copies, and whether it includes Print on Demand). If the photo includes a model, make sure the photographer has the correct model release form.

Rights to photographs taken by someone else may be exclusive—or not. An exclusive right means the photographer can’t sell that image to anyone else. Non-exclusive rights may mean “your” cover image shows up on other books.

Free Photos from Stock Sites

You can find free photos at sites like Canva, MorgueBay, Pixabay and Unsplash. These sites use a Creative Commons 0 (zero) licence, which means:

you can copy, modify, distribute and use the photos for free, including commercial purposes, without asking permission from or providing attribution to the photographer

Other sites might require you to ask permission and/or provide attribution to the photographer and/or site. Check what acknowledgement is required the first time you use a new site, and get it right.

Canva has a list of 73 sites offering free photos. As an added bonus, they’ve ranked the sites in terms of the size of the gallery, searchability, and whether attribution is required.

Photos from Paid Stock Sites

There are many stock photography sites offering a range of images, at a range of prices. Most stock sites will allow you to download a watermarked version of the image for free, but you shouldn’t use this version for your blog post. When it comes to blog posts, you need to ensure you get the official version, the one with no watermarks.

Charges for photos vary by site, and depend on the size of the photo, and the intended use. A book cover needs a high-resolution photo, and needs a commercial licence that covers all formats of the book, and a large number of copies. A blog post only needs a low-resolution photo (which is quicker to load).

Most paid stock sites charge per download, and some charge more for better-quality photos. Some sites offer credits or bundles, with the unit cost decreasing the more you buy. Some sites operate on a subscription model.

GraphicStock

I use GraphicStock.com, which costs USD 89 for an annual subscription, and has a free trial before you have to pay. There is nothing stopping you from downloading a year’s worth of images in your trial period, then cancelling. Their selection isn’t as big as some of the more expensive sites, and they don’t have many images that would be suitable for book covers. But it’s a great resource for images for blog posts or memes.

Lightstock

I also use Lightstock—it’s great for cheese-free Christian images. It is a paid site, but you can sign up to their email newsletter and they’ll send you a link to their free download of the week. This is a cost-effective way of building up a library of photos suitable for Bible memes or photos to accompany devotional posts. The only catch is we all get the same free photo each week—there is no choice. But it’s free (unless you want to pay as you go or subscribe), and the images are beautiful.

The Fair Use Exception to Copyright Law

The doctrine of fair use is entrenched in copyright law, and does allow copyrighted content to be used under certain conditions. For example, it’s acceptable to quote from another author’s work or reproduce small amounts of graphic or pictorial material for the purposes of review or criticism.

The same fair use exceptions apply for images as they do for written content. But the application is a little different. I can’t copy someone else’s book cover. But I might be able to purchase the same photo they used from a stock photo site, which will mean our covers have a similar look. Yes, this is why big publishers spend big bucks on customised photo shoots for book covers.

I can (and do) use thumbnail images book covers in memes. This may or may not be permissible under the doctrine of fair use. My view is that I’m promoting other authors, and there is no commercial benefit to me. If an author or publisher asked me to stop promoting them in this way, I would.

(Note: This is not legal advice. I’m not a lawyer. I’ve never played one on TV. This is my interpretation of the doctrine of fair use, based on my reading of the Chicago Manual of Style, and blog posts written by lawyers. Caveat Emptor.)

Do you use images on your blog posts? Where do you obtain your images?

About Iola Goulton

I am a freelance editor specialising in Christian fiction. Visit my website at www.christianediting.co.nzto download a comprehensive list of publishers of Christian fiction. 

I also write contemporary Christian romance with a Kiwi twist—find out more at www.iolagoulton.com.

You can also find me on:
Facebook (Author)
Facebook (Editing)
Instagram
Pinterest
Twitter

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