Copyright Protection and Visual Art

A Brief Primer on Copyrights

Several emerging artists have recently asked me about copyrights – what they are and how they work. Copyrights become important when artists begin to discuss reproducing artwork and protecting their images from unauthorized reproduction.

So what is a copyright? A copyright is a form of intellectual property. In the case of visual arts, it pertains to the artwork created by an artist.

A copyright is separate and distinct from the artwork itself. In other words, purchase of any artwork, including original work, does not include the transfer of copyright, unless specifically stated in writing. In most cases, the artist retains the right to reproduce the image(s) in other mediums.

Ownership of copyright is established upon the artist’s completion of the work. Registration of the copyright with the US Copyright Office is not required for ownership, but is required to pursue any legal action(s).  In other words, if XYZ Company steals your artwork and prints it on greeting cards, you cannot followup with legal action(s) until you register your ownership of copyright. And in most cases, any damages you may win will be limited by registering the copyright after the infringement took place.

Bottom line? If you create a piece of artwork which you feel will be a real winner, it might be in your best interest to register the copyright in advance of any reproduction. You can visit the US Copyright site for a list of FAQs on Registering a Copyright.

Also, if you commission an artist for artwork, and intend to reproduce that artwork, make sure this is understood up front. You will need a written release of copyrights in order to legally reproduce the image.