Tuesday, December 22, 2009

Copyright: An Overview

Copyright: An Overviewby Stephanie Moore, Director of Visual Arts Initiatives, VSA arts Headquarters

Copyright laws in the United States were put in place to encourage the development of artistic products for the public good and to protect the artist's rights over their artwork. Keep in mind that your artwork becomes protected by copyright when you take it from an idea or concept to something fixed and tangible in form.
In other words, you receive copyright protection automatically upon creation of your work. Registration of the artwork with the U.S. Copyright Office is not required to obtain copyright protection. Registration does make it easier if you find that someone has violated or infringed your rights. A recorded notice of copyright or trademark can be helpful in the event of a dispute. Also, in order to bring a lawsuit in federal court, the disputed artwork must be registered. Only the creator of the artwork may rightfully claim copyright ownership.

So why is copyright important to you as an artist?
Artists receive income in a variety of ways. Some are on salary to companies who reproduce and sell their work. Some do free-lance work and then submit it to companies in return for royalties when the work is reproduced and sold. A third category of artists not only create works of art, but take major responsibilities for their reproduction and sale. Whatever the case, copyrights and contracts assist you in your efforts to negotiate and maintain a living.

As an artist, copyright gives you exclusive rights to copy and distribute your work. This means that others may not use your image or a derivative of your image without your permission. You see, as a creator, you have the rights to your work and may dictate where it may be displayed, copied and used. Unless you transfer this copyright ownership, you may continue this privilege for a lifetime and beyond.
As an arts administrator, it tells me that I should always contact the artist to let them know when and where their physical piece of artwork is being displayed. It also tells me to get in touch with the artist when a slide of the image is being used, and, if necessary, to request a written copyright release. Since the artist has the rights to both the artwork and the use of the image, staying in touch with the artist and building a good relationship is key. Furthermore, unless the artist releases their copyright to me, I do not have permission to use the artwork or its image in any way that I may see fit without seeking permission.

When most people think of intellectual property, they think of personal property that can be owned, leased, transferred, etc. Intellectual property, on the other hand, is better understood as the ownership that attaches to rights (such as reproduction rights) in creative work, like paintings and novels, as opposed to tangible things like cars or land. Let's look at the definition of copyright.

Definition
The copyright symbol © protects original works of authorship such as works of art, motion pictures, literary works, including computer programs, musical compositions and other creations which are fixed in a tangible form.
A copyright is the protection given to someone that creates "an original work of authorship." Copyright gives the owner the right to reproduce the copyrighted work, to produce derivative works, to distribute copies of the work, or to perform or display the work publicly. Works that may be afforded copyright include literary works, musical works, dramatic works, motion pictures, architectural works, and, of course, pictorial, graphic, and sculptural works of art.
Those in the business of displaying art potentially can be held legally responsible for procuring the proper permissions from the copyright owner or owners to reproduce or display a work of art. This means that when your artwork is being used in an exhibition or offered for sale, you should know about it! It also gives caution to a dealer that might have acquired your piece through questionable means to try and locate you for permission to sell or display it.

Realize that ownership of a copyright is ownership of a property right. Under current law,copyright ownership generally must be transferred in writing. A copyright can be transferred, for instance, by a last will and testament. It can be bought and sold. It can be licensed. Mere ownership of a work of art does not mean , necessarily, that the artwork's owner also owns the copyright. It is a separate and distinct interest. Therefore, the artwork's owner may not copy it or use it as they see fit, without investigating the copyright perimeters.
In other words, a client or dealer might purchase a work of art, but that purchase does not automatically give them the right to put copies of the artwork on T-shirts, stationary, greeting cards or other objects for commercial purposes. They may display the artwork in their office or gallery, but they cannot reproduce it and sell the reproductions. There are certain fair use exceptions, permitted under existing law, to these copying rules, such as use of an image for educational purposes.

Copyright & The World Wide Web
Viewing artworks on the web is a powerful experience of a different kind. Anyone who has entered a museum or gallery and looked at the works of art can tell you the simple truth that the same pictures viewed on a computer are different. The physical, one-on-one, contact with art is capable of affecting the human mind, spirit and body in profound ways. Yet, the World Wide Web offers a natural place for visitors who desire to 'see' the vast offerings of the world's museums and galleries.
We encourage you to put a sample of your works on the web. The experience of going online can be valuable in terms of exposure to a potential vast market. Realize that your copyrights will be very difficult, if not impossible, to enforce on the web. Fortunately, the digital format of your artwork on the web is of such low quality when printed that it will never be an adequate substitute for your original piece [or printable in high resolution form for reproduction]. Realize, too, that you will probably reap rewards for taking the adventure and exposing your work to a larger audience.

Legally, your basic copyright stays in effect online and on the World Wide Web, and in any digital format. This means that nobody may reproduce your work, create derivative works of your work, distribute your work, or display your work without your permission. Registration is not necessary, but is recommended. If you do find an infringement of your copyright, your legal action will be easier if you have registered your work. For example, you are not able to carry a lawsuit if you have not registered.

How To Register Your Copyrights
To register a work for copyright, first call the Forms Hotline at 202/ 707-9100 to obtain a copy of form VA, the one for works of visual art. Or visit: http://lcweb.loc.gov/copyright/ Complete the form according to the instructions attached to it (it's a very simple one) and attach the required copies (color transparencies, code, and so on) of your artwork to the form. The send the form, copies of your image(s), and a $20 fee to: Register of Copyrights, Copyright Office, Library of Congress, Washington, D.C. 20559. Copyright registration goes into effect on the date that the form, the copies of the image(s), and the fee are received by the Copyright Office.

Books on Copyright:
A great reference for those of you who need more information on the above [copyrighting electronic versions of your artwork], or who have an interest in creating works using the computer, is "Electronic Highway Robbery." This book tackles the thorny questions that arise around copyright law on the digital frontier. Artist and author Mary Carter interviewed top digital copyright lawyers for this clearly written, easy-to understand guide, which covers copyrighting original work, public domain, ownership of scanned images, and tips on protecting your rights while respecting those of others:
"Electronic Highway Robbery: An Artist's Guide to Copyrights in the Digital Era"
by Mary E. Carter
(Berkeley, Peachpit Press, 1996)
Cost: $19
Call 800-283-9444 or
visit the Web site at http://www.peachpit.com/
The"Visual Artist's Business and Legal Guide" is a great resource that was edited and compiled by Greg Victoroff, Esq., is an artist and lawyer in the Los Angeles area through the Beverly Hills Bar Association Committee on the Arts. Greg Victoroff, Esq. is a partner in the Los Angeles law firm of Rohde & Victoroff, practicing copyright, entertainment, art, and business law and litigation since 1979. His clients include artists, galleries, publishers, musicians, photographers, and writers in all media. He is the author of numerous articles concerning copyright protection for artists and frequently lectures at universities, art schools and bar associations. He received his B.A. in Theater Arts from Beloit College and is a 20-year member of the Magic Castle in Hollywood.
"Visual Artist's Business and Legal Guide"
(Prentice Hall, 1996)
Cost: $32.50
Call 310-553-6644 or write to:
Beverly Hills Bar Association Committee for the Arts
300 S. Beverly Drive, Suite 201
Beverly Hills, CA 90212
Organizations Providing Copyright Information
Several legal organizations provide free legal services to nonprofit arts organizations, as well as to artists who can't afford legal services. The following is a list of organizations in the U.S. that can provide artists with free referrals to lawyers. The lawyer you get referred to may not be free, but in most cases should at least be willing to work at a significantly reduced rate in order to help you, the artist. Issues often handled include contract negotiations, mediation services, nonprofit incorporation, copyright information and infringement lawsuits, tax information, estate planning, and lease review. Volunteer Lawyers for the Arts organizations also provide education programs, including seminars, publications, and the maintenance of art law libraries. Please note that the links to other Web sites are for convenience only so should be taken neither as a guarantee of accuracy nor as an endorsement of the sponsoring organizations or of their positions.
http://www.stus.com/ncs/vla.htm
http://www.negativland.com/lawyers.html
http://arts.endow.gov/artforms/Manage/VLA2.html
National Artists Equity Association is a non-profit, aesthetically non-partisan, national organization for professional artists. Founded in 1947 by artists, NAEA's primary purpose is to improve economic, health, legal and legislative conditions for visual artists at the federal, state, and local levels. NAEA addresses contemporary issues through its newsletters and web site such as income tax equality, live/work space, public art programs, censorship, health hazards and safety issues, and fair business contracts and treatment for artists. As a member of NAEA, artists have access to over 50 different health plans bringing the advantages of group pricing, group benefits and group service to our individual members. NAEA offers discounted life insurance, fine art insurance, and a variety of printed materials including Guidelines for Juried Exhibitions and Minimum Artists-dealer Ag reements. For information on NAEA send a SASE to: The National Artists Equity Association, PO Box 28068, Washington, D.C. 20008 or call 202-628-9633. At this time the organization does not have a Web site.

Legal Information for Artists and Arts Organizations
list of references presented by the National Endowment for the Arts
http://arts.endow.gov/artforms/Manage/Manage5
There are many resources available for artists to obtain information about their legal rights. Artists have concerns ranging from tax issues, to intellectual property rights (copyright) and censorship. The Arts Cooperative in New Jersey has some great referrals in this easy to navigate site.
http://www.net-gate.com/ArtsCoOp/leg1.htm
Copyright Issues & Your Work

Learn from a well drafted set of notes from this program hosted on September 17, 1998 by the Art Directors Club of Metropolitan Washington, the American Society of Media Photographers, and The Graphic Artist Guild, and sponsored by Fuji Film USA and Ridgways.
http://www.adcmw.org/copyright_program.html
Articles on Copyright

"Pro Bono, Pro Arts: Finding a Volunteer Lawyer"
by Amy Schwartzman, Executive Director, Volunteer Lawyers for the Arts Hope O'Keeffe, National Endowment for the Arts
Sooner or later, any artist or arts organization may need a lawyer -- to help with nonprofit incorporation, to answer a copyright question, to review a contract, to negotiate a lease, to help with getting paid by a gallery. Explore ways to find a volunteer lawyer with the assistance of the Executive Director of Volunteer Lawyers for the Arts.
http://arts.endow.gov/artforms/Manage/VLA.html
"From Monty Python to Leona Hemsley: A Guide to the Visual Artists Rights Act"
by Cynthia Esworthy, NEA Office of General Counsel, JD Washington & Lee Law School 1997.
What rights does an artist have once their work is sold? Until 1990, with rare exceptions, artists in the United States had virtually no power to protect their work from mutilation, misattribution or destruction. This article covers the Visual Artists Rights Act and offers additional sources.
http://www.arts.endow.gov/artforms/Manage/VARA.html
"Copyright in Visual Arts"
by Thomas G. Field, Jr.
A great overview of copyright and the visual arts from the Franklin Pierce Law Center, including such topics areas as the limits of copyright, the registration process, selling and licensing rights, as well as copyright and the Internet.
http://www.fplc.edu/tfield/CopyVis.htm
"Copyright Licenses and Assignments"
by Daniel A. Tysver

One of the primary values of owning copyright rights is the ability to transfer some or all of those rights to third parties. These transfers can be for all of the copyright rights in a work (which is generally referred to as an outright assignment), or can be for a limited portion of the rights provided by the Copyright Act (which usually take the form of copyright licenses)
. http://www.bitlaw.com/copyright/license.html
"Common Questions & Answers about Copyright: A Simple Guide for Photographers, Artists, Illustrators, Writers, Musicians and Other Creative Individuals"
by Andrew D. Epstein, Esquire, 1997
An easy to follow, extensive list of questions and answers related to artwork and copyright.

http://www.photolaw.net/faq.html
More Copyright Resources for Artists of all Persuasions
• Art Rights
Awesome reference site created by kids as a research project.
• The Copyright Archive
http://copyrightarchive.com/
Site is set up for authors, artists, writers, muscians, computer programmers, etc. to register their work. It is a database of copyright works and disclaimer notices accessed via a link on your work.
• Copyright and the transition from print to electronic formats
To avoid infringment of intellectual property rights, educators and students must exercise caution in producing their own educational multimedia programs - especially if these are later published on the World-Wide Web. Includes a long list of referenced links.
• Asking for Permission
http://library.thinkquest.org/J001570/Permissionhow.html
How to write an e-mail or letter for permission to use someone elses intellectual property.
• Where do I find copyright rules on Web sites?
List of several methods of finding out who has the right to give you permission to use a particular piece of intellectual property.
• Information from the US Copyright Office about what CANNOT be copyrighted
The line between uncopyrightable works of industrial design and copyrightable works of applied art is not always clear. This page helps to sort through this dilemma.
• Intellectual Property Symposium of the Americas
http://www.uspto.gov/web/offices/dcom/olia/ipsa2000/index.html
Sponsored by the US Patent office September 11-12, 2000 will offer an opportunity "... for high-ranking government intellectual property officials and members of the business and intellectual property communities in the Western Hemisphere to discuss and formulate an agenda for cooperation in the critical area of intellectual property enforcement." Includes a large section on intellectual property and the Internet.
• A Proposal For Educational Fair Use Guidelines For Digital Images
http://www.utsystem.edu/OGC/IntellectualProperty/imagguid.htm
These guidelines were developed during the CONFU process. (Conference on Fair Use)
• Conference for Fair Use
http://www.utsystem.edu/ogc/intellectualproperty/confu.htm
Interesting discussion on the concept of fair use. Many issues raised about applicability.
• Musical Copyrights
http://library.thinkquest.org/J001570/copyrightmusic.html
List of organizations which will help you get permission to use particular pieces of music. Additional information on how to obtain a musical copyright.
• Musicians' Intellectual Law & Resources Links
http://www.aracnet.com/~schornj/index.shtml
Comprehensive intellectual law and resource links to assist musicians in the creation, protection and promotion of their art.
• WWW Multimedia Law
http://www.batnet.com/oikoumene/
Articles, federal guidelines, news, products, links and services for those delivering multimedia materials over the Internet.
• All about Trademarks
http://library.thinkquest.org/J001570/trademarkinfo.html
All about trademarks and what they are used for. Definition of "unfair competition."
• General Information about Licensing
http://library.thinkquest.org/J001570/licensesinfo.html
All about licensing, what it is, why it is used, types of permissions granted, and infringement. See also How Licenses Effect you Every Day.
• IDEA - The Journal of Law and Technology
http://www.idea.fplc.edu/
One of the oldest and most respected journals on intellectual property.
• Intellectual Property Law Primer
http://www.eff.org/pub/CAF/law/ip-primer
Very inclusive document.
• Law Arts Seminars and Intellectual Property Publications
http://www.lawarts.com/
Publications, videos, audio tapes and monographs on Art Law basics.

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Contact

Contact US shara@redstudio.org

Red Studio @ Antique Village

3758 Howard Ave

Kensington, MD 20895, USA

Open 7 days Monday to Saturday

10.00 -5.00 Sunday 12.00-5.00.00

301-564-1451



DIRECTIONS

FROM THE BELTWAY(Washington, D.C. Beltway, Rt. 495)

Take Connecticut Ave. (Exit #33) North, towards Kensington about 1 1/2 miles. After your 3rd traffic light you will see the Antique Row sign on the right hand side of the road, take your next right onto E. Howard Ave. Parking is available along Howard Ave. as well as at the private shops.