Artists’ Copyright All Artists need to be aware of the copyright laws, and know how to safeguard opportunities to maximise commercial gain form their artwork.

 

What can be copyright protected?

Copyright protection applies to artistic, dramatic, literary, and musical works, plus a few other creative activities.

Artistic works include paintings, drawings, engravings, photographs, sculptures, collages, technical drawings, diagrams, maps and logos.

In order to attract copyright protection, artwork must be “original”.

This means it must be the result of independent creative effort. A copy of something that already exists cannot be original, however, if an artwork is similar to something that already exists, but which has not been copied, then it may be original.

Copyright does not protect ideas for an artwork: it is only the work itself that is protected.

 

What are the benefits of copyright?

Copyright protected work must not be reproduce in another medium without the owner’s permission. This includes activities such as photocopying images, using images for cross-stitch patterns, painting from a photograph, publishing images on the Internet, and so on.

The key benefit of copyright protection is that the owner has the right to authorise or prohibit the use of their work, and so realise the opportunity to make commercial gain. You could, for example, sell or license your copyrighted images for use by others.

Copyright protection gives the artist the right to take legal action to stop misuse of their images, and to claim damages. The existence of copyright is sometimes enough to prevent others from using your material without permission to do so.

*Many artists are not too worried about others using their images. If this describes you, then consider this. If you put your name or web address on all of your images, and any are re-published on the Internet, the image will function as a free advertisement for your work. If someone sees your picture and likes it, they will have a means of tracing you. Being "professional" often means spotting, and taking advantage of business opportunities.

 

How do I register copyright?

In the United Kingdom (and most other parts of the world), there is no official registration system for copyright. If you have created an “original work”, you will have copyright protection without having to do anything to establish this.

You can take the additional step sending yourself a copy of the artwork by special delivery post (which gives a clear date stamp on the envelope), and leaving the envelope unopened on its return. This does not prove you have created an artwork; it merely shows that the work was in your possession at a particular date, for example where someone else claims that you have copied something of theirs.

A number of private companies operate unofficial registers, but please check carefully exactly what you are paying for. This type of "unofficial" registration does not prove you have created an artwork!

 

How do I show that an image is copyright protected?

Artists should help protect their work, especially if it is published on the Internet, by marking all images with the © symbol. This lets others know they should not use the artist’s work without permission.

The © symbol should have the name of the copyright owner next to it. This helps anyone wishing to use the artwork to trace the copyright holder.

If you also put the year in which the work was created next to the © symbol, this will let others know when the term of protection started.

Take a look at "watermarking" on the Image Protection page.

 

How long does copyright last?

For artistic works, the term of protection of copyright is for the life of the creator, plus 70 years from the end of the year in which they die.

 

Your copyright obligations

For the artist, copyright is a double-edged sword, and you should not breach copyright (for example, when working from other people's photographs).

In the case of landscapes, it would be difficult to prove breach of copyright, since many scenic locations are generally accessible to the public. However, portrait artists should proceed with caution. For example, it would be impossible for most artists to have a celebrity sit for them, and therefore it is easier for a copyright holder to prove that their photograph has been copied.

 

Resources

	For more information on copyright, visit the Intellectual Property Office.
	If you want extra protection for your artwork, visit the UK Copyright Service. An Internet search may identify similar service providers.

 

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Article date: * Updated 18 September 2009 by John Burton ¦ Suggest an amendment or a new resource