Art Business Info. for Artists
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    • Copyright and artists' rights
    • BASICS: Copyright Infringement and Fair Use
    • How to protect artwork online
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    • What to do about copyright infringement - for artists
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      • The price of affordable art
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Copyright and Intellectual Property
​in the USA

Not all countries operate copyright law in the same way - and the USA is one of them

KEY POINTS
  • Copyright is a form of intellectual property law
  • The protection afforded by Copyright law is grounded in the U.S. Constitution.
  • Copyright relates to "original works of authorship fixed in a tangible medium of expression". These can be published or unpublished works.
  • The USA has agreements about with most countries throughout the world and honors the copyright of citizens of countries with which it has an agreement. However, the United States does not have such copyright relationships with every country.
  • The Visual Artists Rights Act of 1990 (VARA) seeks to protect the moral rights of visual artists and grants them. (These are protected elsewhere for signatories to the Berne Convention).
Exclusive rights of the copyright owner (section 106 , title 17, U.S. Code):
  1. To reproduce the work
  2. To prepare derivative works
  3. To distribute copies or phono records of the work to the public by sale, rental, lease, or lending
  4. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the work publicly
  5. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly
  6. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. This is quoted here in order to avoid any misinterpretation


WHAT IS PROTECTED?

The works which can be protected include those which are literary, dramatic, musical, and artistic works. 

That means it covers paintings, drawings, fine art prints, poetry, novels, films, songs, computer software, and architecture.
WHAT IS NOT PROTECTED?

Copyright does not protect facts, ideas, systems, or methods of operation.

However it is possible to protect the way these things are expressed - in some tangible form.
WHEN DOES COPYRIGHT START?

Copyright protection starts from the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. 

So if you have an idea for a painting that's not protected. However if you create a painting from your idea then that is protected.

Official websites

  • U.S. Copyright Office - This is the office of public record for copyright registration and deposit of copyright material.
  • United States Patent and Trademark Office Home Page - This is official Website of the United States Patent and Trademark Office. It contains lots of useful information and regular updates.
  • Copyright Basics (pdf)  This pdf file covers: What Is Copyright? Who Can Claim Copyright? Copyright and National Origin of the Work What Works Are Protected? What Is Not Protected by Copyright? How to Secure a Copyright Notice of Copyright
  • U.S. Copyright Office - Frequently Asked QuestionsThe Copyright Office offers introductory answers to frequently asked questions about copyright, registration, and services of the Office. 
  • U.S. Copyright Office - Visual Art Works Registration - U.S. Copyright Office instructions for registering works of the visual arts.

Practical advice
 

  • Bridgeman Art Library v. Corel Corp.|Wikipedia -  Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999), was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected
  • Joshua J Kaufman Articles about Art, Copyright and Infringements, Trademarks and Licensing Issues - Joshua Kaufman is one of the USA's leading art and licensing lawyers. He has written a lot about copyright and made the articles available online
  • Know your rights | Art Business News - focuses on the topic of the Visual Rights Act and how this works in practice
Patent, Copyright & Trademark: An Intellectual Property Desk Reference 13th Edition
by Richard Stim

​This Guide is promoted as a plain english guide to copyright law. Previous editions of this guide have also been top rated by many people and over 250,000 copies have been sold!
This book ONLY covers USA law.

It does two things - it focuses on the law and at the same time removes the gobbledygook from the language. This guide provides:
  • clear summaries of how the relevant law defines copyright ownership and associated rights
  • details of the protection offered by patents, copyrights, trademarks and trade secrets
  • a plain-English definition of every intellectual property term you're likely to come across, and
  • a well organised book with extensive cross-references
The number of revised editions - this is the 15th - speaks as to its success in delivering the sort of information people want to know about.

​
Paperback: 608 pages
Publisher: NOLO
Edition: 15th edition
Published: December 30, 2017

BUY THIS BOOK
Patent, Copyright & Trademark: An Intellectual Property Desk Reference (15th Edition) from Amazon.com

GO TO HOME

​GO TO COPYRIGHT - Introduction
  • Copyright and artists' rights
  • Copyright infringement and fair use - for artists 
  • How to protect artwork online
  • How to do a reverse image search 
  • What to do about copyright infringement - for artists 
  • Global Conventions on Copyright
  • Copyright in the UK
ABOUT ART BUSINESS INFO. FOR ARTISTS  -  Please read "PLEASE NOTE"
This website aims to provide a compendium of resources about the art business for artists. 

It helps artists learn how to do better at being business-like, marketing and selling their art and looking after their financial security.
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Copyright: 2015-2021 Katherine Tyrrell | Making A Mark Publications
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If you've got any suggestions for what you'd like to see on this website please send me your suggestion
PLEASE NOTE:
1) Content and the law change all the time. It's impossible to keep up with it if you're not working on the topic full time. 
​2) I research topics carefully. However, I am totally unable to warrant that 
ANY and/or ALL information is 
  • complete and/or
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  • all links lead to the most current information (at the time of writing)​
​3) Hence all information I provide comes without any LIABILITY whatsoever to you for any choices you make. 
4) This website is FREE FOR YOU but not for me. ​Links to books are Amazon Affiliate links. Buying a book via this website means I get a very small payment which helps to fund and maintain this website. .I much appreciate any support your provide. Adverts are provided by Google AdSense - but the adverts do not mean I endorse the advertiser.
  • Home
    • Art Business Information Index
  • NEWS
  • PRACTICE
    • Starting Out - Tips
    • Being a Professional artist >
      • Working Lives of Professional Artists
      • Artists' Side Hustles
      • Artists' Residencies
      • Artists Unions
    • Business Management for Artists >
      • Setting Up & Running A Business
      • Risk Management for Artists
      • How to spot Art Scams / Fraud
      • Life in an Art Market Recession
      • Coronavirus COVID-19 and Art
    • Best Art Business Books
    • Learning Opportunities >
      • Art Schools in the UK
      • Art Business Courses
    • Image Management for Artists >
      • How to photograph art
      • How To Scan Artwork
      • How to back up image files
    • Law for Artists >
      • Legal Matters
      • Money Laundering in the Art Market
      • Data Protection for Art and Artists
      • Brexit Guidance for Art and Artists
  • MARKETING
    • How to write an Artist's Statement >
      • What is an Artist Statement?
      • Why you need an Artist's Statement
      • TIPS How to write an artist statement
      • The Language of an Artist's Statement
      • What an artist statement should contain
      • Examples of Artists Statements
    • How to write an Artist's Resume or CV >
      • Social Media summaries
      • CV for Artists
      • Resume for Artists
      • Biography for Artists
    • How to sign a painting, drawing or fine art print
    • Business Cards for Artists
    • How to write a press release for an artist
    • The Private View Invitation
    • Publicity for Juried Exhibitions
    • Websites for Artists >
      • Why websites matter
      • Options for Websites
      • Web content for Artists
      • Web design for artists
      • Keeping Google Happy
      • Writing for the Web
    • Image & Video sizes for Social Media Sites
    • How to be mobile-friendly
  • SELL ART
    • Trading Law & Regulations for Artists (UK)
    • E-commerce for artists
    • Art Exhibitions & Competitions >
      • Juried Exhibitions & Art Competitions
      • Juried Art Exhibition Checklist for Artists
      • How to cost a juried exhibition entry
      • How to make labels for an art exhibition
      • Alternative Options for Exhibitions
    • A Guide to Art Agents and Consultants
    • A Guide to Art Dealers & Galleries >
      • How to find the right gallery
    • The Artist-run Gallery
    • The Vanity Gallery
    • Art Fairs
    • How to Sell Art from Home
    • Open Studios
  • FRAME ART
    • List of Recommended Picture Framers
    • Conservation Products
    • Framing for open exhibitions and art competitions
    • Framing Videos
    • How to hang a picture
  • SHIP ART
    • How to pack artwork >
      • How to pack and ship pastel paintings
    • Packaging materials
    • How to ship art internationally >
      • Rules of Origin
      • Export Licences for Cultural Goods
    • How to ship art to exhibitions
    • How to mail art - Post & Parcel Services
    • UK & Ireland: Art Transport Services
    • USA Art Transport Services
  • COPYRIGHT
    • Copyright and artists' rights
    • BASICS: Copyright Infringement and Fair Use
    • How to protect artwork online
    • How to do a reverse image search
    • What to do about copyright infringement - for artists
    • Global Conventions on copyright >
      • Copyright in the UK
      • Copyright in the USA
      • Copyright in Canada
      • Copyright in Australia
  • MONEY & TAX
    • How to work out profit from an art sale
    • How to Price Your Art >
      • How important is price when buying art?
      • Options for Pricing Art
      • Terminology and Formulas for Pricing Art
      • Art Experts on Pricing Art
      • How artists price their art
      • The price of affordable art
    • Payments to Artists >
      • Paying Artists
      • How to create an Invoice
    • VAT for Artists
    • Tax Tips for Artists >
      • Tax on prize money
      • UK Tax Tips for Artists
      • UK: Self-Assessment Video Tips
      • USA Tax Tips for Artists
      • Ireland: Tax for Artists
      • Australia: Tax Tips for Artists
    • Insurance for Art and Artists >
      • Insurance for Art Teachers
      • UK Insurance Policies for art and artists
      • USA & Canada: Insurance Policies for Art and Artists
    • Artists' Grants & Scholarships
    • Retirement and Pensions for Artists
    • The Art Legacy >
      • Estate Planning for Artists
      • Estate Planning for Art Collectors
      • Famous Artists Estates
      • Artwork Inventory
      • After the Death of an Artist
      • Copyright and Resale Rights after Death
      • Art and Inheritance Tax
  • About + Help
    • Would you like me to help?
    • Privacy & Cookies Policy
    • Contact
  • BANKING