Art Copyright - What Are The Rules on Copyrighting Your Artwork

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By Azure11

Art Copyright - What To Do

Firstly I will say that I am not a lawyer but an artist but I wanted to share some information that i have learnt about copyright and art so feel free to add more info or comments if there is something I have missed.

If you work as a photographer, artist, sculptor etc then one key thing that you will want to do once you have created your work of art is to ensure that nobody copies it. In order to keep the copyright to a painting or a photograph you actually don't have to do too much.

In fact in theory you don't actually have to do anything to retain the copyright as the right to reproduction of the artwork belongs by law to the creator of that work (barring exceptions listed below). So if you do want to make prints of an original work that you have created then you are free to do so.

Adding the copyright symbol makes sure that people know you own the rights to that work.
Adding the copyright symbol makes sure that people know you own the rights to that work.

Art Copyright - Adding the Copyright Symbol

However, it can be a good idea to make sure that people know that the rights to your painting, photograph etc belong with you the artist. So in order to make it obvious that you have the art copyright on your work you would be advised to add the copyright symbol, plus your name and the year of creation, to the artwork itself.

Personally, I have a certificate of authenticity that I put on the back of my paintings that says that I hold the reproduction rights and has the copyright symbol plus other information like the catalogue number and date of completion.

If you add the copyright symbol to a painting then you do not actually need to register the copyright anywhere in order for this to be effective. Once a work of art is completed and it is a unique piece created by you then you automatically own the copyright.

Some Art Copyright Exceptions

There are, as with everything else, exceptions to the rule. In particular, for a work of art, if you are commissioned to create a painting, sculpture or whatever and the person who gives you the commission gives you detailed instructions about what they want you to create then they may subsequently own the copyright to that work of art.

What you need to do if this may be the case, is to draw up an agreement beforehand that specifies that you will retain the art copyright and all reproduction rights to that work. Unless you do this you may be in trouble if you subsequently want to produce prints or reproductions of the work.

When Does Art Copyright Expire?

Well there are different rules around the world's legal systems but in general it might be fair to say that a copyright will expire 70 years after the death of the creator. In some countries this may only be 50 years and there is also a 25 year rule for particular cases. Check out the rules for your particular country if you need to know more.

Comments

Ellie 8 months ago

Thank you this has been very helpful. So with the piece of artwork that I am doing should I paint the copyright symbol on the work? From looking at different websites on copyright some argue that putting the symbol on the artwork makes it look "amateur" and "unprofessional." Should I still do it....does it make any difference?

Azure11 profile image

Azure11 Hub Author 8 months ago

Hi Ellie, no, I would not put the copyright symbol on the front but instead put it on the back - whether that is incorporated into a certificate of authenticity or just written on the back of the canvas is up to you :-) In essence it does not make any legal difference if it is on there or not but the fact that it is shows anyone that your work is not to be copied.

Ellie 8 months ago

What I will do then is put my name and date on the bottom right and then the copyright symbol at the back. Does it matter where or shall I put it bottom right? I know this is a stupid question but just want to make sure that I am doing this right.

:)

Azure11 profile image

Azure11 Hub Author 8 months ago

Not a stupid question Ellie! Yes, put (c) Ellie xxxxx 2011, on the back and job done!

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