How Copyright Affects Artists
Protect Yourself from Copyright Infringement Lawsuits
You may think that copyrights and public domain have nothing to do with artists, but they are very important for protecting your art and your reputation.
The most important legal issue facing artists is copyright. Every artist needs to know about legalities that affect them and how to deal with issues as they come along. Ignoring copyright laws can either get you sued or have you suing someone else. If things are handled properly, though, an artist may never have to see the inside of a courtroom. Here are the facts that you need to know to protect your art and your reputation as an artist.
Using Your Copyright
According to the US Copyright Office, a copyright is, “a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of ‘original works of authorship,’ including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.” (What is a Copyright?, US Copyright Office Website, Circular 1, Revised July 2006. ) Any art that you create is protected by a copyright as soon as you create it until seventy years after you die. This means you own all rights to the work. No one else can use your art on websites, T-shirts, in books, or on anything else without your permission.
Proving your copyright can get a little tricky. The best way to prove that you are the creator and copyright holder of a piece of art is to register the work with your country’s copyright office. If you need to sue someone for using your art, this is the most foolproof way to prove the work is yours.
Violating Someone Else’s Copyright
On the flip side, you should be just as aware of using someone else’s works. If you ignore someone’s copyright then you may be sued by the owner of the copyright, so it is important to know where you stand.
Using photographs of someone else’s work as references for your artwork, without permission, infringes on the person’s copyright. This includes photos that you find on the internet. Just because something is on the internet doesn’t mean it is free for your use. Use only references that are specifically for artist use or get permission. Books such as Life Nudes Art Models for Drawing, Painting, and Sculpting and Art Models 2 (Published by Life Models Books) are specifically meant to be used by artists as a reference. You can also find plenty of websites on the internet that have artist reference photos. To learn more about these sites please see the article Art Reference Sources.
Using someone else’s artwork in your artwork without permission is also copyright infringement. Sometimes you can use artwork or photos, though, if the copyright has run out. This happens when the original creator has been dead for more than seventy years and the work has become public domain.
To find out more about copyrights, trademarks, and public domain in the U.S., the book The Permission Seeker’s Guide Through the Legal Jungle is highly recommended. (Remember also that copyright law differs from country to country.)
