As a poet (and a human being) I own the rights for the words I write and publish, and it’s a right I care deeply about. You may have guessed that poets don’t make a ton of money writing poetry and that makes intellectual property rights/ copyright all the more important. Whenever someone uses my words, I should be paid for it. Of course there are exceptions to that rule, but basically that’s how it goes, or should go. I do the work, you use my work with permission, I get paid for it. And the same goes for all creative work - you simply can’t use someone else’s work without permission and without compensation.
The reason I’m bringing this up isn’t because someone used my poetry and failed to pay or ask permission - it’s because I don’t think enough people realise this whole copyright thing and that it’s something they should even think about. More specifically, month after month I see on Instagram artists’ books that are based on content created by someone other than the artist behind the book. And I don’t think they’ve asked permission for use, or thought of compensating the original author for their work. There are exceptions, but in most cases it’s kind of stealing. I know it’s not done knowingly, most likely it’s just thoughtlessness, and that’s why I think it’s important to raise this issue and spread information about copyrights. The copyright laws are not the same everywhere, so do check your local copyright law for detailed info. I’ve gathered a few very simplified rules of thumb about copyrights below, but remember your local law may be stricter or looser, and there’s so much more to copyright than what I’ve mentioned here. So, do some research and be a good person. If you’re too lazy for research, create all original work and you don’t need to bother researching this stuff. I’m using poetry as an example here, but the same principles pretty much apply to all writing, music, art, etc. unless stated otherwise.
What’s fair game?
Work in public domain:
Old stuff - I mean really old. Feel free to put some Shakespeare into your artists’ book. Or a poem by someone who’s been dead for at least 70 years and their intellectual property rights have expired. Note: If you’re using a translated text, the translator has rights for their work, too, and you need to do some research to see if it’s okay to use their text or not. If the translation is fair game, please don’t forget to credit the translator as well as the author. Always, always, always give credit to everyone involved. Whether or not they specifically asked for it. (If they ask you not to mention their name, then obviously don’t.)
Stuff the original creator has waived their rights for. See Creative Commons for more information. Some work is licensed for only non-commercial work, for some you may have to cite the author’s name or something like that depending on the type of license they’ve chosen for their work. Research and do as you’re told and you’re all good.
Anything you have acquired a permission for. Preferably in writing.
What’s not cool?
Using a poem you found in a book or online or wherever. Find a poem you like that’s not in public domain? (Remember most stuff is definitely not in public domain - just because you’ve seen someone else share a poem that wasn’t theirs doesn’t mean it’s okay) You’re desperate to use that poem for your artists’ book/whatever? Find out who has the rights and ask permission! Explain your idea and be prepared to pay for the use of the work they own - they may let you use that text for free, but don’t count on it. Be prepared to wait for a reply. Also be prepared to be denied the right to use that poem even if you’d pay for it. They don’t owe you an explanation for that, either.
Quoting. This one’s more tricky. Quoting a poem can be fair game - depending on the context! For example, when writing about a poem it’s perfectly fine to quote a few lines to give the reader an idea what you’re referring to in your own text. But it’s different when you’re using a quote as an element in your artists’ book. You’re most likely building your art on top of the work of another artist, and using just a part of the original work doesn’t necessarily make it any more okay than stealing the whole piece. The author does have a say in what context their words are used in and in what way. So, don’t just cut up someone’s precious poem and put their words next to some images of dead babies. (I know you wouldn’t, but, you know…) What do you do instead? See above: You ask and get permission. Or skip using someone else’s words and write your own.
I’ve had someone use my words, my art, my aesthetics, and, weirdly enough, me as a person as the key content for their work, and it left me dumbfounded for a good while. The artist proudly shared their work with me, and I think they wanted me to feel flattered, or something, but I was more speechless, and honestly kind of fuming, than anything else. It feels like a violation to have your work taken out of context and used without permission for an art project you have no control over. Your artwork is still presented as Art (or a part of Art) but it bears no recollection to the original and the intentions that went with it. There are some situations where that can actually be legal, but even that doesn’t necessarily make it okay. So, whatever you do, do respect the work of others, even if they are strangers or dead or worldwide bestsellers with massive fortunes or whoever.
For all the reasons mentioned above I’m generally drawn to artists’ books created by one person from start to finish. There’s that nagging voice at the back of my head “I bet they didn’t ask permission to use that” when I see an excerpt from a favourite book or a poem adorning the pages of an otherwise stunning book I would love to love. I cringe even worse when I find out the author wasn’t even credited for their words. And although I know it’s not done with any ill will, it’s not something I want to see happening on a regular basis. Hence this post.
If you feel the need to have written content in your artists’ book and don’t feel capable of producing letters and words yourself (oh but you are!!), either look for work in public domain, get permission from the copyright holder, or ask someone more fluent in words to collaborate with you (and properly credit them in the finished piece). There are many other ways to work around this issue - here’s a few: skip words and go 100% visual (but don’t steal pictures either), or skip art based on mark making (writing, drawing, etc.) altogether and use interesting materials as the main content (think textures, materials, stains as illustrations, found materials not under copyright, etc.). Don’t let this copyright lecture rain on your parade - it was written with all my love for the artists’ book community and with the hope of seeing more high quality original work created with more awareness.