Today we will discuss how copyright law works and how you may not be as protected as you think.
Full disclosure: I am not an attorney. Please research laws for your own country and circumstance. These are general guidelines for artists in the United States.
As soon as you complete a work of art, you hold the copyright to that work. But unless you register that copyright, you don’t have very much protection.
The most you might be able to do is have someone take down your work from their website or stop selling prints of your work. And even then, you might not be afforded those protections because some countries don’t follow US copyright guidelines.
If you do not file your copyright, you cannot collect statutory damages or legal fees. Damages for copyright infringement can be very significant.
You could collect up to $30,000 if someone unwillingly infringes your work and $150,000 if someone willingly infringes your copyright.
So, for example, if Target steals your greeting card ideas and puts you out of business, the most you could do, if you are lucky, is get them to stop. You could not collect any money for the damages caused by putting you out of business.
So, as you can see, someone could steal your entire business and you would be left with nothing unless you register a copyright.
And you must register in a timely manner because you can only collect these benefits if you register within three months of publishing a work. And you can’t collect damages and fees if you register after infringement occurs.
It’s only about $30 to register with the copyright office at copyright.gov.
If you do it before you publish your work, you can do it as an entire collection. But after you publish, each must be filed individually.
WHAT COPYRIGHT TIPS DO YOU HAVE? Leave a comment. I’d love to chat with you.
Stop back tomorrow for more painting tips.