Copyright: An Overview
by Stephanie Moore, Director of Visual Arts Initiatives, VSA arts Headquarters
Copyright laws in the United States were put in place to encourage the development of artistic products for the public good and to protect the artist's rights over their artwork. Keep in mind that your artwork becomes protected by copyright when you take it from an idea or concept to something fixed and tangible in form.
In other words,you receive copyright protection automatically upon creation of your work. Registration of the artwork with the U.S. Copyright Office is not required to obtain copyright protection. Registration does make it easier if you find that someone has violated or infringed your rights. A recorded notice of copyright or trademark can be helpful in the event of a dispute. Also, in order to bring a lawsuit in federal court, the disputed artwork must be registered.Only the creator of the artwork may rightfully claim copyright ownership.
So why is copyright important to you as an artist?
Artists receive income in a variety of ways. Some are on salary to companies who reproduce and sell their work. Some do free-lance work and then submit it to companies in return for royalties when the work is reproduced and sold. A third category of artists not only create works of art, but take major responsibilities for their reproduction and sale. Whatever the case,copyrights and contracts assist you in your efforts to negotiate and maintain a living.
As an artist, copyright gives you exclusive rights to copy and distribute your work. This means that others may not use your image or a derivative of your image without your permission. You see, as a creator, you have the rights to your work and may dictate where it may be displayed, copied and used. Unless you transfer this copyright ownership, you may continue this privilege for a lifetime and beyond.
As an arts administrator, it tells me that I should always contact the artist to let them know when and where their physical piece of artwork is being displayed. It also tells me to get in touch with the artist when a slide of the image is being used, and, if necessary, to request a written copyright release. Since the artist has the rights to both the artwork and the use of the image, staying in touch with the artist and building a good relationship is key. Furthermore, unless the artist releases their copyright to me, I do not have permission to use the artwork or its image in any way that I may see fit without seeking permission.
When most people think of intellectual property, they think of personal property that can be owned, leased, transferred, etc. Intellectual property, on the other hand, is better understood as the ownership that attaches to rights (such as reproduction rights) in creative work, like paintings and novels, as opposed to tangible things like cars or land. Let's look at the definition of copyright.
Definition
The copyright symbol © protects original works of authorship such as works of art, motion pictures, literary works, including computer programs, musical compositions and other creations which are fixed in a tangible form.
A copyright is the protection given to someone that creates "an original work of authorship." Copyright gives the owner the right to reproduce the copyrighted work, to produce derivative works, to distribute copies of the work, or to perform or display the work publicly. Works that may be afforded copyright include literary works, musical works, dramatic works, motion pictures, architectural works, and, of course, pictorial, graphic, and sculptural works of art.
Those in the business of displaying art potentially can be held legally responsible for procuring the proper permissions from the copyright owner or owners to reproduce or display a work of art. This means that when your artwork is being used in an exhibition or offered for sale, you should know about it! It also gives caution to a dealer that might have acquired your piece through questionable means to try and locate you for permission to sell or display it.
Realize that ownership of a copyright is ownership of a property right. Under current law,copyright ownership generally must be transferred in writing. A copyright can be transferred, for instance, by a last will and testament. It can be bought and sold. It can be licensed. Mere ownership of a work of art does not mean , necessarily, that the artwork's owner also owns the copyright. It is a separate and distinct interest. Therefore, the artwork's owner may not copy it or use it as they see fit, without investigating the copyright perimeters.
In other words, a client or dealer might purchase a work of art, but that purchase does not automatically give them the right to put copies of the artwork on T-shirts, stationary, greeting cards or other objects for commercial purposes. They may display the artwork in their office or gallery, but they cannot reproduce it and sell the reproductions. There are certain fair use exceptions, permitted under existing law, to these copying rules, such as use of an image for educational purposes.
Copyright & The World Wide Web
Viewing artworks on the web is a powerful experience of a different kind. Anyone who has entered a museum or gallery and looked at the works of art can tell you the simple truth that the same pictures viewed on a computer are different. The physical, one-on-one, contact with art is capable of affecting the human mind, spirit and body in profound ways. Yet, the World Wide Web offers a natural place for visitors who desire to 'see' the vast offerings of the world's museums and galleries.
We encourage you to put a sample of your works on the web. The experience of going online can be valuable in terms of exposure to a potential vast market. Realize that your copyrights will be very difficult, if not impossible, to enforce on the web. Fortunately, the digital format of your artwork on the web is of such low quality when printed that it will never be an adequate substitute for your original piece [or printable in high resolution form for reproduction]. Realize, too, that you will probably reap rewards for taking the adventure and exposing your work to a larger audience.
Legally, your basic copyright stays in effect online and on the World Wide Web, and in any digital format. This means that nobody may reproduce your work, create derivative works of your work, distribute your work, or display your work without your permission. Registration is not necessary, but is recommended. If you do find an infringement of your copyright, your legal action will be easier if you have registered your work. For example, you are not able to carry a lawsuit if you have not registered.
How To Register Your Copyrights
To register a work for copyright, first call the Forms Hotline at 202/ 707-9100 to obtain a copy of form VA, the one for works of visual art. Or visit: http://lcweb.loc.gov/copyright Complete the form according to the instructions attached to it (it's a very simple one) and attach the required copies (color transparencies, code, and so on) of your artwork to the form. The send the form, copies of your image(s), and a $20 fee to: Register of Copyrights, Copyright Office, Library of Congress, Washington, D.C. 20559. Copyright registration goes into effect on the date that the form, the copies of the image(s), and the fee are received by the Copyright Office.
Books on Copyright:
A great reference for those of you who need more information on the above [copyrighting electronic versions of your artwork], or who have an interest in creating works using the computer, is "Electronic Highway Robbery." This book tackles the thorny questions that arise around copyright law on the digital frontier. Artist and author Mary Carter interviewed top digital copyright lawyers for this clearly written, easy-to understand guide, which covers copyrighting original work, public domain, ownership of scanned images, and tips on protecting your rights while respecting those of others:
"Electronic Highway Robbery: An Artist's Guide to Copyrights in the Digital Era"
by Mary E. Carter
(Berkeley, Peachpit Press, 1996)
Cost: $19
Call 800-283-9444 or visit the Web site at http://www.peachpit.com
The"Visual Artist's Business and Legal Guide" is a great resource that was edited and compiled by Greg Victoroff, Esq., is an artist and lawyer in the Los Angeles area through the Beverly Hills Bar Association Committee on the Arts. Greg Victoroff, Esq. is a partner in the Los Angeles law firm of Rohde & Victoroff, practicing copyright, entertainment, art, and business law and litigation since 1979. His clients include artists, galleries, publishers, musicians, photographers, and writers in all media. He is the author of numerous articles concerning copyright protection for artists and frequently lectures at universities, art schools and bar associations. He received his B.A. in Theater Arts from Beloit College and is a 20-year member of the Magic Castle in Hollywood.
"Visual Artist's Business and Legal Guide"
(Prentice Hall, 1996)
Cost: $32.50
Call 310-553-6644 or write to:
Beverly Hills Bar Association Committee for the Arts
300 S. Beverly Drive, Suite 201
Beverly Hills, CA 90212
(F) 202-429-0868