Copyright Basics
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Beth E Peterson
Text and Artwork:
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What is a copyright? It is the exclusive right, as granted by law, for someone to make and dispose of copies of an original creative piece of work, such as creative writing, music and artistic expressions. Basically, to have the copyrights to a particular creative work means that you can determine if, when and under what circumstances any copies or reproductions of that work will be allowed to be produced.
When you create a piece of original work you are automatically considered to be the owner of the piece's copyright. However, this does not really help you if for some reason someone challenges your right to the copyrights. If the work isn't registered or documented, copyright may be mighty difficult to prove. This is especially true when there is a possibility of the piece having been done as a ‘work for hire'. For example, a graphic artist may be assigned by their employer to create a specific illustration. This illustration is done as a work for hire, and the copyright belongs to the artist's employer, not the artist. Commissioned works done by independent artists are in a very grey area....Are they work for hire, or an independent creation? Such questions, if not settled in writing before the piece of work is even begun, can wreck legal havoc. If doing commissioned artwork, it is best to have a contract drawn up before the work begins. This contract should specify the date, the parties involved, the agreed upon price of the piece, the nature of the work that is to be perform, the circumstances in which this work may be refused and whether that includes a full or partial refund of the price. This contract should also very specifically state who retains the copyrights, the artist or the purchaser(s). All parties should understand and agree to this contract; be sure all parties involved have signed the contract before beginning any kind of work on the piece....Even studies (as well as finished pieces ) done beforehand but which might be argued to relate to the commissioned piece in any way may come under legal dispute.  Whenever selling your work, commissioned or otherwise, always make it clear, in writing, what exactly you are selling. Although Circular 1 from the Copyright Office specifically states that mere ownership of a work does not grant copyright, you may still run into the question of who does own the copyright. Especially since, in many circles, reproduction of a painting (other than an acknowledged master's work) may lessen it's perceived value. If you have not made it clear that you retain the copyright to the piece then mechanically reproduce it after selling the original, you may find yourself sued for a type of breach of contract since the original is no longer exclusive...which is something that many people expect and part of what they pay for. If you want to retain the copyrights to a piece, perhaps for possible reproduction later, you should specify this as part of the terms of sale. Such terms should, of course, be clearly stated in the actual bill of sale; the bill of sale acts as the contract between you (the seller) and the buyer.
If you have already sold a piece without having specified in writing that you are retaining the copyright and you later decide that you want to reproduce it, contact the owner and obtain a written declaration that they acknowledge your right to the copyright. If you can't find the present owner.....well, no one can copyright ideas. Your best option will probably be to do a second version. Well, golly gee howdy bob, does this mean that you should register everything you've done with Copyright Office? Even if it's collecting dust in the attic? No. In fact, if you are willing to sell the copyrights along with the original, it is easier not to register the piece, but allow the new owner to do so. Transferring copyrights is a hassle. But, if you are planning on marketing images of your artwork, then you will want to register those pieces with the Copyright Office. You may also want to register the piece if you are planning on showing it and have no intentions of ever parting with the copyrights. For more information and to register a copyright (in the US), contact the Copyright Office and obtain Circular 1 and Form VA (they're free). The web address is www.loc.gov/copyright and the snail mail address is:
In addition, there are attorneys who specialize in copyright law. Depending on the circumstances, you may want to contact one with your own specific questions and concerns. Just remember when dealing with anything even remotely legal, as well as with copyrights: When in doubt, write it out. |
