Page 19 - DPM1_Spring_2022_Flipbook

WHEN SHOULD YOU REGISTER YOUR WORK WITH THE U.S. LIBRARY OF CONGRESS?
If you’re serious about protecting your work, it’s important to register it properly, with the U.S. copyright office. Here are some questions to ask yourself:
1. Is my art accessible to others? Will it be displayed in a public place where it can easily be copied? (Remember posting on Facebook applies.)
2. Will it cause me harm if someone else recreates the art? Do you plan to sell the art in its original form? What about duplicating it for sale as a pattern? Or using the same design in a different way – perhaps on a scarf or a tray or even a t-shirt?
3. Does my art have mass appeal? Is it likely others will want
to recreate this piece, without my permission? Might someone reproduce and sell it online, on popular items like notepads, coffee mugs or t–shirts?
Artists often underestimate the value of their own work. While you may not want to pay to protect every piece you create, you should consider protecting those pieces anyone could access easily, recreate for themselves, and sell to others at a profit.
The Internet has made our art more readily available to others
– which is a plus, for those who want to reach a wider audience. Unfortunately, it has also increased the potential for theft. If you register your art with the U.S. Library of Congress, your work will be legally protected even in the grey area around who owns the images posted to social media.
HOW DO YOU REGISTER YOUR ART?
Within three months of creating your art, visit the United States Copyright website: Copyright.gov/registration and complete the forms, paying the small fee required. The standard filing fee for copyrighting art is $55, but if you’re registering only one work as the sole author and claimant, it will cost only $35.
You must file individual claims for each artwork you wish
to copyright. The website is easy to use, with tutorial videos for you to watch, if needed. You may prefer to go directly to the page on how to register visual arts pieces, where you will find additional videos: Copyright.gov/registration/visual-arts
The average processing time for copyright claims is seven months but can take up to 15 months. You will receive an official certificate of registration, which will also be publicly available online. While the registration still may not deter an individual
– or a company – from taking your art, it can help you collect attorney fees and statutory damages if you take legal action against the infringer. Without it, you may have to prove to a court how much profit you lost before they award damages.
What is copyright infringement?
Standards for infringement vary from country-to-country, so you should research the guidelines that apply to your geographic area. These will often be worded as a percentage of the total concept or surface cover. For example, more than 20% copied constitutes copyright infringement, whereas less than 20% does not.
Copyright law does not protect ideas, only the end results of ideas. For example, you cannot copyright a style or a subject, only an actual artwork.
In the US, we also have a “Fair Use” clause on original artwork. This allows 100% duplication
of artwork for personal use, education, satire, critique and other non-profitable activities. This means anyone can “borrow” your designs without your permission for those purposes.
What to do if your artwork has been stolen
If you can prove your art has been used without your permission, to make a profit for someone else, you have grounds to sue for compensation. The first thing you should do is document the unauthorized use.
1. Take a photo of the art in use. You need to grab a screen shot that shows the time and day you noticed the illegal use of your art.
2. Document the misuse with a side-by-side comparison. Show your original on the left, and label it with the date it was created. Show the illegal use on the right, and label it with the date you discovered it, and the location where you found it.
3. Decide whether you want to pursue
the infringer for damages. Your actions may depend on the size and scope of the illegal use. We suggest you work with an attorney who specializes in Intellectual Property Law, to guide you through this process.
DECORATIVEPAINTERS.ORG 17