Running Head: ART THEFT

Art Theft: A Literature Review

Andrea Betancourt
University of Texas at El Paso

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Abstract
Art is not only limited to visual works such as those made by Michelangelo. But, also
including music, videos, writing, and of course traditional works of art. Art is influenced by
everyday life sceneries to happenings. But art isnt entirely there to be only created for everyone
to give and take. In this literature review, we will be discussing how due to the development of
the internet; internet art theft, plagiarism, and copyright infringement have become a growing
problem. To also state, with the continuing growth, the law and internet users who are dedicated
to stop the growing problem have intervened.

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Art Theft: A Literature Review

What exactly is copyright infringement? Copyright infringement is to use created work
that are protected without permission. Such as, reproducing the work and/or distributing it
without given permission from the creator(s). With this in mind, we will now dive into three
main points. Those include, what exactly is copyright infringement, plagiarism, and internet art
theft; how does it affect the artistic community and what are ways it can be prevented?
When the internet came to be, artists of all kinds began to slowly publish their
works online for many around the world to see. It is now common to post works online. To
restate, due to the expansion of the use of the internet; art theft, plagiarism and copyright
infringement have become a serious issue. But the government should not be the only ones
helping to prevent the issues of internet art theft, plagiarism, and copyright infringement.
Some artists have come to the point that they feel unsafe posting their art or work
online and having many people from around the world like it, share or even view it. They feel
they need to mark it as their own. Which is a point to be later discussed.
But to really dive into the reason as to why art theft, plagiarism and copyright
infringement have become such a major issue and how it can be prevented one must first
consider reviewing three questions:
1. What are the laws and consequences concerning internet art theft, plagiarism and
copyright infringement?
2. How does internet art theft, plagiarism and copyright infringement affect the art
community?
3. What are ways in which internet art theft, plagiarism and copyright infringement can
be prevented?

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What are the laws and consequences concerning internet art theft, plagiarism and
copyright infringement?
First, what is internet art theft? Internet art theft occurs throughout all webpages, such as
social media sites and online art community sites. Some examples can be, Facebook and Deviant
Art. To quickly state, because the majority of the artists online arent specifically on a
professional level but rather post their art as a hobby or because they are trying to gain more of a
reputation. There are no consequences if their art is stolen, to the point the law gets involved
unless the specific work or works have been copyrighted.
But it cannot be entirely said that the internet does not put effort to keep this from
happening. For example, the largest online art community site known as Deviant Art, has a report
link which you can click and report the certain issue that a user has encountered. The reason this
has become such an issue on the internet though, is because of the fact here are ways to
completely download the image and it give the opportunity to those who mean harm to
completely take the image and pose as the artist with the stolen work
What is plagiarism? Plagiarism can be mistaken for copyright infringement but is not the
exact same thing. If someone were to take and submit an original work and claim it as their own,
they would be considered a plagiarist and a copyright infringer (Deviant Art Journal). However,
if someone were to take and submit an original work and not claim it as their own then they
would only be committing copyright infringement. Plagiarism is copying anothers work and
not giving proper credit to the original author or creator (Plagiarism). Again, if such an offense is

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done online, the account of the plagiarist will be removed. But, in a school environment, such as
college and one is caught for plagiarism, the consequence will be expulsion and a mark on their
permanent record.
What is copyright infringement? As stated before, copyright infringement is to use a
created work that are protected without permission. Such as, reproducing and/or distributing
without permission from the creator(s). There are of course, according to the U.S. Copyright
Office, three objectives that are to be met for copyright infringement to occur. Those are:
1. The copyright holder must possess a valid copyright.
2. The person committing copyright infringement must have access to the protected work.
3. The duplicated work must exist outside the exceptions. (U.S. Copyright Office)
With such illegal acts come consequences by law. These include: the person who committed
copyright infringement will have to pay the exact amount of profit made from the
infringement and/or damage caused, the person who committed infringement is forced to pay
all court and legal costs associated with the conviction, the infringer (they who committed
copyright infringement) can face criminal charges and go to jail. (U.S. Copyright Office).
How does internet art theft, plagiarism and copyright infringement affect the art
community?
Internet art theft, plagiarism, and copyright infringement affects the liberal arts
community in various ways. All these ways, are in no way positive. But it is safe to say that all
these issues do not always happen intentionally. Due to the world being so vast and populated,
there are times when an artists or writer can coincidentally create the same work, without
knowing of each others existence.

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After interviewing an art student at the University of Texas at El Paso and another art
student from Model Farms High School in Australia. After being asked the question Do you
think all these acts, such as internet art theft, plagiarism and copyright infringement, affect the art
community in a negative way? She responded that some people may see the art around the
internet and repost it on another medium and not realize they are doing wrong while others
repost and are too lazy to give credit or even look for the original creator, affecting the art
community in a negative (April, 2016). Art student Bridget answered, It impacts the art
community greatly. There is a vast amount of artists who dont mention their art is referenced.
(Bridget, 2016)
Although, there are those who truthfully do not know they are doing wrong, they should
kindly be informed. The same can be said for those who do it with the wrong intention in mind.
If all these wrong acts were allowed, then the people behind, for example, the creators/cocreators of Zootopia, would receive no credit or profit from their hard work. This goes to all
artists and authors who have worked months and months to receive credit and profit. In short
words, it would all be for nothing. Wouldnt everyone who was able to take art as they please
gain profit from it be negative? Especially to those who worked hard sitting at their desk for
weeks to achieve their goal. As many say, hard work will be rewarded. Of course there is nothing
wrong with giving a shout out to a fellow artist one may admire if the proper credit is given. All
summed up, it comes down to the amount of credit that is given and the proper description being
provided should the art be referenced or completely copied. This also goes for fan art or fan
fiction, it is allowed due to the fact, the majority of the time, the artist or author always give
credit before the work is presented or after the work is presented.

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What are ways in which internet art theft, plagiarism and copyright infringement can be
prevented?
When it comes down to problems exposed on the internet the majority of internet users
are most likely to provide a voice to the issue, rather than it being in person. There are many
ways that the issues of internet art theft, plagiarism and copyright infringement can be prevented.
The number one way, is that all users of online art communities, in general, internet users should
all be informed of giving proper credit and ways to prevent internet art theft, plagiarism, and
copyright infringement. Second is, giving proper credit to all referenced works and/or copied
works, this includes reposted works for shout out or plain admiration. Third is, users on all
platforms to create groups solely dedicated to reporting or stopping internet art theft in process.
Through experience, there are a majority of online communities helping out to stop the spread of
art theft, but this isnt just limited to the cooperation of online artists but there also needs to be a
part played by the community staff, to help give artists whose art has been effected by these acts
an upper hand.
Another way an artist or author can keep their work from being stolen, as stated by, Pop
Surrealist artist, Camilla DErrico, As a creator you have a creator's copyrights. Ways you can
uphold your copyrights include watermarking, signing your artwork, and being able to prove
when you created and first presented the artwork. If someone infringes on your copyright, having
a lawyer send a Cease & Desist notice or be able to take legal action will be what enforces your
copyright, though it can get expensive! (Camilla 2016)
Conclusion

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To conclude, although, internet art theft, plagiarism and copyright infringement have a
negative connotation to them from the moment they are mentioned. These words dont always
bring negativity, only if they are used negatively. But as the issues were discussed above, they
can be solved positively. To restate, internet art theft, plagiarism and copyright infringement, can
bring a negative effect to the liberal arts community, it can be spread and it can be stopped. But
to summarize it all together, it really is a topic that those not only in the liberal arts community
should be made aware of the reoccurring issues and discussions concerning internet art theft,
plagiarism and copyright infringement.

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References
Art Theft, Plagiarism, Copyright Infringement. (n.d.). Retrieved April 01, 2016, from
http://nannana.deviantart.com/journal/Art-Theft-Plagiarism-Copyright-Infringement-427840337
What is Plagiarism? (n.d.). Retrieved April 01, 2016, from
http://www.plagiarism.org/plagiarism-101/what-is-plagiarism
Copyright Law of the United States of America. (n.d.). Retrieved April 01, 2016, from
http://www.copyright.gov/title17/92chap5.html
April, Art Student (personal communication March 31,2016)
Bridget, Art Student (personal communication April 1, 2016)
D.Camilla, Pop Surrealism Artist (personal communication September 9, 2015)