Registering for a copyright might not feel like a high priority because you are the creator of your own artwork, but today I am going to share with you why it is crucial and how easy the registration process can be.
Filing an application for a Visual Arts copyright can protect your artwork from people who would gladly use it for their own purposes. And if that threat feels far fetched, then this article is for you.
Before we get started – I am not a lawyer, I am a business owner and an artist and am speaking from my experience and referencing information provided on the Copyright.gov website. If you are looking for a consultation to answer specific questions for your situation, I cannot provide that for you, however I will provide links to information created and maintained by the copyright office at the end of this article.
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How Your Art Could Be Stolen
So let’s get into it – how can your art be stolen and what is the risk in not getting a copyright? Here are just a few ways that art can be stolen from artists.
- The Temptation of Mass Appeal Art – People are continually looking for art to apply to products, especially print on demand products. Your art can be stolen or purchased and then illegally applied to products, or professionally printed and sold.
- The Digital Art Swindle – If your Art is sold as digital downloads and you appear to be successful, people may purchase your art and then turn around and sell your art in their own shop or website.
- The Copycat Scam – Some people will make a copycat shop or website of yours (including copying your listings, graphics, and reviews) and will pretend to sell your art or products, with no intention of actually providing a product to the customer. Over time, this may not only impact your actual sales, but your reputation, too.
These are just a few of the ways that your art can be stolen or sold without your consent.
How A Copyright Can Protect Your Art
Clearly this topic taps into a much bigger conversation on security that extends far beyond copyright protection. Having said that, getting a copyright can be a game changer. Here are a few of the advantages of a copyright protection:
If you don’t, someone else could:
While it’s true that you automatically have rights to the artwork you create, it is also true that creating your art is not always enough to protect it from being used, stolen or claimed by someone else. Getting a copyright prevents someone else from successfully submitting a copyright registration claiming your artwork as their own. I cannot speak to the frequency that this happens, but it is something to be aware of as you consider whether or not getting a copyright makes sense for your situation.
Stopping the madness:
If your art is stolen and sold on marketplaces, your copyright can help you get their shop closed and removed from the marketplace platform permanently.
Take it to court:
If you pursue litigation because someone has stolen your art, the copyright will play a significant role in your case and will make a major difference in potential compensation for damages and attorneys fees. It can also determine whether or not a lawyer will work with you or if your case can be taken to court.
The Copyright Application Process is Easy
The idea of navigating the copyright application process can be emotionally daunting until you realize how easy it is to complete. In the embedded video I hit on some of the major steps so you can see how easy it can be from start to finish. Some things to note:
- The copyright registration portal works best with the Mozilla Firefox web browser.
- To follow along and register your artwork visit: copyright.gov/registration. In the video tutorial we will be selecting “Visual Arts” as the copyright type and the copyright application titled “Group of Unpublished Works.”
Click this link to bypass the introduction and go directly to the tutorial in this video –> Tutorial: How to Register For A Visual Arts Copyright
Pro Tip: The pro tip for today is all about the optimal timing for registering your copyright. To be eligible to receive statutory damages, attorneys’ fees, and costs when/if a copyright infringement occurs, you will need to register your artwork within 3 months of publishing it or before you publish your artwork.
Frequently Asked Questions
“How much does it cost to file a copyright application?”
As of December 2021, the one time fee for registering a Group of Unpublished Works is 85.00 – that covers up to 10 works of art. There are other application options, though, which have different fees. To see the full list of application types and fees check out the Copyright Office’s fee guide: https://www.copyright.gov/circs/circ04.pdf
“When is art considered published?”
The short answer appears to be, in general, when it is accessible to the public or made available for sale. Having said that, here is the exact verbiage from the copyright office, which provides more information – “Under copyright law, publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership or by rental, lease, or lending. Offering to distribute copies or phonorecords to a group of people for purposes of further distribution, public performance, or public display also constitutes publication.” – Copyright Basics Guide: https://www.copyright.gov/circs/circ01.pdf#page=3
“How long does the copyright protection last?”
And the short answer to that is, if the artwork was created on or after January 1st, 1978 then the copyright is good for the life of the author, plus 70 years after their death. For the full perspective on this topic please reference the Copyright Basics Guide provided by the Copyright Office: https://www.copyright.gov/circs/circ01.pdf#page=3
“Do you have to wait for your copyright registration to be approved before you can publish your art?”
The 4th and final question pertains to submitting applications for Unpublished art and the short answer is “no” – you do not have to wait to publish your art, but you will need to wait for your approved registration before you can file a lawsuit for copyright infringement.
To reiterate, I am not a lawyer or a copyright expert. For more information, check out the provided resources created and maintained by the Copyright Office.
Links & Resources
COPYRIGHT OFFICE RESOURCES
Copyright Basics: https://www.copyright.gov/circs/circ01.pdf#page=3
Copyrightable Authorship: What Can be Registered, Chapter 300 – provides information on what qualifies for copyright and what the copyright office looks for while assessing copyright registrations: https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf
Copyright Office Fees: https://www.copyright.gov/circs/circ04.pdf
Copyright Registration Portal: https://www.copyright.gov/registration/
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