To help artists navigate this complex topic, Artwork Archive recently hosted a webinar with M.J. Bogatin, a founding member of the San Francisco law firm Bogatin, Corman & Gold. Bo’s practice includes handling large-scale public art commission contracts and visual artists’ moral rights claims. He serves on the boards of several Bay Area nonprofit arts organizations and is a long-time officer of California Lawyers for the Arts. With extensive experience in arts and entertainment law, including visual, literary, performing, film, and multimedia, Bo provided valuable insights on copyright law for artists.
In this article, we’ll break down some of the key takeaways and answer the most common questions asked by the audience to help you take control of protecting your art. We’ll also share tips on how Artwork Archive’s tools can support you through the process and preserve your artistic legacy.
When Does Copyright Protection Begin?
One of the first questions many artists have is, “When does copyright protection start?”
The answer is simple: copyright exists from the moment your work is created and fixed in a tangible form. As Bo explained, “I want all artists to realize that these rights, at least under the US law, belong to you as soon as your artwork comes into existence, whether it’s a physical work or a digital one.”
This means that as soon as you complete your painting, sculpture, or digital artwork, it is automatically protected by copyright law. You don’t need to register your work to have a copyright, although registration provides additional benefits and is necessary for legal enforcement.
International Copyright Considerations
For our international audience, it’s important to note that copyright laws can vary from country to country. However, most countries are part of the Berne Convention, an international agreement that provides a framework for copyright protection across borders. As Bo mentioned, “Internationally from the US perspective, the US copyright holder can seek protection of an infringement of our right in Europe or in another country under the laws of that country.”
This means that if you’re a US-based artist and someone infringes on your copyright in another country, you can seek legal recourse under that country’s laws. It’s always a good idea to familiarize yourself with the specific copyright laws in the countries where you plan to market and sell your work.
Conversely, a foreign copyright holder can pursue an infringement occurring in the US under the US Copyright statute.
Using Reference Photos Found Online
Many artists rely on reference photos for inspiration or to improve their craft. However, it’s crucial to understand the potential copyright implications of using images found online. Just because an image is publicly available does not mean it’s free to use without permission.
If you want to use someone else’s photograph as a reference, even if you’re not directly copying it, the safest approach is to obtain permission from the copyright holder. Alternatively, you can use your own reference photos or work with images that are explicitly labeled as free for public use or known to be in the Public Domain.
Work for Hire, Collective Works and Multiple Authors
As an artist, you may encounter situations where you create work for hire or participate in collective works with other artists. It’s essential to understand the implications of these arrangements on your copyright ownership and rights.
When creating commissioned artworks, clarify whether the work is considered a “work for hire” under the U.S. Copyright Act. In a work for hire situation, the commissioner or employer is considered the author and copyright owner of the work, unless there’s an agreement stating otherwise. To maintain control over your copyright, negotiate and enter into written contracts that clearly define your ownership rights and the terms of the commission.
Collective works can take many forms, such as art books featuring multiple artists, group exhibitions, or collaborative installations. In these situations, each contributing artist typically retains the copyright to their individual work, while the copyright in the collective work as a whole is held by the organizer or curator. However, it’s crucial to have written agreements in place that outline the rights and responsibilities of all parties involved, including how the works can be used, displayed, and reproduced in the context of the collective work.
When collaborating with other artists on a project, establish clear written agreements that address copyright ownership, licensing, royalties, and attribution. These agreements help prevent misunderstandings and disputes down the line, ensuring that each artist’s rights are protected and their contributions are properly recognized.
