Artist Copyright Issues and the Cloud

Over the years, copyright issues have become more and more complicated. One of the main reasons for the increase in complications comes from the proliferation of online forums and options. Pictures and images rank highest among stolen content on the Internet, even though they don't get as much press as stolen movies and music. People tend to assume that if an image is on the Internet, then it's free for their use. Obviously, this is not the law, but it does not stop most people.
This is part of the reason that many magazines, art studios, and the like refuse to accept previously published work. They assume that if something has been posted online, someone has already taken it illegally and will share it again. While certain online postings obviously fall into this category, some debate still exists with the cloud. Here are some things to bear in mind so that you don't unintentionally lose some of your rights using the cloud.


Personal Cloud Storage is Exempt
Some artists fear that if they upload any of their work to the cloud that they will lose their rights to it. Nothing could be farther from the truth. In fact, just because you upload your work to another site does not waive your copyright protection. It just reduces the rights that you can sell to a publishing house, and it opens you up to potential theft. However, using file sharing to put your images into cloud storage does not reduce your rights in any way.

Publishing or Fan Based Sites with Cloud Storage Are Not Necessarily Exempt
If you're uploading your work to a publishing site or a fan based site that is accessible to the other people, then file sharing to the cloud may actually reduce some of your sellable rights. Even though your purpose may be personal, the fact that others can see and access the material reduces the publication rights that you can sell. The only way to avoid this is to make sure that your images have protection features that prevent people from downloading them. Some artists add watermarks, but if you do that, you must make sure that it is a virtual watermark. Otherwise, it can be erased.

Public Cloud Sites Are Not Exempt
A few artistic sites have developed that promise to allow you to save your work online and also share it with the world. This form of file sharing generally counts as publication and reduces the number of rights that you can sell. Even with protection features on the image, most magazines and publishing houses consider this published. Remember though that some see the primary distinction is whether it is public or private. Always ask to find out what the publishing house considers publication, and if in doubt, mention your specific situation.

The author is associated with Box.com which offers state-of-the-art file sharing, online storage and large file upload services for businesses and individuals alike.