Artist's Copyright FAQ: Doesn't Fair Use Cover Artists?

Question: Artist's Copyright FAQ: Doesn't Fair Use Cover Artists?

Answer: Artists are not explicity covered by fair use. In terms of sections 106 and 106A of US copyright law, "the fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching, ... scholarship, or research, is not an infringement of copyright".

None of these cover the copying of a painting to practise painting techniques or for showing your painting skill.

The factors used to determine whether "the use made of a work in any particular case is a far use" are:
(1) the purpose and character of the use, including whether such use is of 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."

Go to Full Artist's Copyright FAQ.

Disclaimer: The information given here is based on US copyright law and is given for guidance only; you're advised to consult a copyright lawyer on copyright issues.