Copyright Basics for Artists
A “copyright” is actually a set of rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. The work can be a textual, graphical, musical, dramatic, audio or visual creation. Copyright is completely separate from ownership of the physical work. It’s important to know that an artist can sell the physical embodiment (painting, sculpture, etc.) and still retain the following valuable bundle of rights:
- Reproduction and sale of the work in copies (giclée, prints)
- Public display of the work
- The creation of derivative works based upon the copyrighted work
Copyright protection begins the instant a work is created in a fixed form and lasts until 70 years after the death of the author. In other words, the bundle of rights listed above immediately become the property of the author who created the work (the authors of a joint work are co-owners of the copyright, unless there is an agreement to the contrary). The exception to this rule is “works made for hire.” In the case of works made for hire, which could include commissioned works, the employer or person commissioning the work is considered the author. The parties must agree in writing before a work will be considered “made for hire.” Therefore, if someone commissions a work from you but doesn’t sign a contract specifying it as a work made for hire, you will retain ownership of the copyright.
While copyright protection is automatic, there are benefits to registering your work with the U.S. Copyright Office, including the ability to sue infringers. The primary way to register your copyright is to fill out an application form directly at the Copyright Office website (www.copyright.gov). The filing fee is only $35 if you apply online. Paper forms are still available upon request (Form VA for visual arts) but the filing fee is $65 and the processing time is much slower.
The use of a copyright notice – © – is no longer required under U.S. law, although it is often beneficial. Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. A proper copyright notice should contain the following three elements:
- The symbol © (the letter C in a circle), or the word “Copyright”; and
- The year of first publication of the work.
- The name of the owner of copyright in the work.
Example: © 2010 Kenan L. Farrell
A solid understanding of copyright law will benefit your art career. Knowing what you own is the first step in managing and enforcing your intellectual property portfolio.
Stay tuned for future posts on art-related legal topics. Please leave a comment with any issues you’d like addressed in a future post.
Note: this blog post contains general advice. I’m a lawyer, but I’m not your lawyer so please consult your own attorney with specific legal issues.
Kenan L. Farrell advises business owners, non-profits, entrepreneurs and artists on business and intellectual property (copyright, trademark, patent) issues. You can read more from him over at the Indiana Intellectual Property & Technology Law Blog. Follow on Twitter @klflegal.
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