Copyrights???

[waveshop]

I was wondering if Copyrighting a series works. Can you Copyright a mixed media? or a "theme"? Does Copyrights even really work? Is it worth having? What is the best way to prevent someone with the capital from marketing my ideas? Parinoid???,.... Hell yea! I live in the capitalistic media driven dog eat dog marketing daily fade country that drools for anything new and diff. Any advise guys?

Rob :confused:

[Araich]

Generally speaking, copyright is automatically granted to the creator/artist/writer/whatever by national law. This is the case to help encourage creative production and to simplify copyright ownership.

In visual arts it's normal to own the copyright for copy and image reproduction automatically. This is not the same as patent or trade mark, which require complex registration and approval.

But it means that if images of your work appear, or exact copies, you have legal recourse.

If you sell your sculpture, you still own the copyright, unless you agree otherwise through a contract or license.

In reality, if someone makes a close version of your work, your options are limited by the money in your pocket.

Hope this helps Rob.

[ALH]

Araich's answer sums it all up, however here is some further reading. I am writing a series 'Artlaw' for a provincial newsletter and often include websites of use to anyone with time on their hands (there are, of course, thousands of sites on this topic). Here are some that could be of use (primarily to a North American Artist) regarding copyright and moral rights.

www.wipo.org [this is the world organisation]
www.carfac.ca [the Canadian rights group]
laws.justice.gc.ca/en/C-42/ [Canadian law]
www.loc.gov/copyright/title17/92chap1.html#106a [U.S. law]
www.piercelaw.edu/TFIELD/copyVis.htm#avoid [U.S. overview]
www.artslaw.org/MORAL.HTM [U.S. moral rights overview]
www.studiolo.org/CIP/VARA/Tacha/Tacha.htm [sculpture horror stories]

you could also check out collectives which collect fees for you.

CARCC [Canadian]
SODART [Quebec, Quebec is sort of part of Canada-at times]
DACS [the U.K.]
ARS [the U.S]
SOMAAP [Mexico]
ADAGP [France]
BILD-KUNST [Germany]
RAO [Russia]
SIAE [Italy]
VI$COPY [New Zealand and Australia]

I hope this helps, it's a big topic.

[Araich]

I should add that as an exception to continued ownership of image reproduction rights of sold works, that if the work was commissioned, you can be seen as having worked for the future owner, and thus the image copyright can belong to them.
As in they own the fruit of your labour.
I'm not completely up to speed on this, but be aware of it.

[fritchie]

I believe the answers above summarize the current U. S. position. I sign and date my pieces somewhere, and I do notify galleries and individual purchasers that I reserve the right to make additional copies, with the promise that numbers will be small. Older copyright law required the creator to add a copyright mark, but this changed about 10 - 15 years ago. Now you need only signature, and perhaps date.

As far as infringement, all the copyright does is give you a leg up in court. Legal action will be required if someone does appear to be copying, and your recourse is limited to actual monetary loss even if you do win. Generally, your work must have significant value on its own for a suit to be worthwhile.

[ALH]

also check out my post of 9/12/03 further down this chat room (message board? thread collection? whatever you call it)

[billid]

Araich's answer sums it all up, however here is some further reading. I am writing a series 'Artlaw' for a provincial newsletter and often include websites of use to anyone with time on their hands (there are, of course, thousands of sites on this topic). Here are some that could be of use (primarily to a North American Artist) regarding copyright and moral rights.

www.wipo.org [this is the world organisation]
www.carfac.ca [the Canadian rights group]
laws.justice.gc.ca/en/C-42/ [Canadian law]
www.loc.gov/copyright/title17/92chap1.html#106a [U.S. law]
www.piercelaw.edu/TFIELD/copyVis.htm#avoid [U.S. overview]
www.artslaw.org/MORAL.HTM [U.S. moral rights overview]
www.studiolo.org/CIP/VARA/Tacha/Tacha.htm [sculpture horror stories]

you could also check out collectives which collect fees for you.

CARCC [Canadian]
SODART [Quebec, Quebec is sort of part of Canada-at times]
DACS [the U.K.]
ARS [the U.S]
SOMAAP [Mexico]
ADAGP [France]
BILD-KUNST [Germany]
RAO [Russia]
SIAE [Italy]
VI$COPY [New Zealand and Australia]

I hope this helps, it's a big topic.


Hi there, I am living in Mexico for a while and was wondering if there is any more info on how to register artwork over here?

I tryed the somaap search but only found this somaap (http://www.somaap.com) site with nothing in it..

would be gratefull for some links or any tips :)

thx
Bill

[dwright]

My invoices clearly state that I retain all copyrights...if they want the rights to the piece, I sell them the rights, while retaining my right to photograph and the ability to use same in advertisements, plus specifying mention of the artist's name in any promotional material the client might produce.
By putting it on the invoice, it brings it up as a topic when and where it should be, before the contract is finalized.

[daaub]

My invoices clearly state that I retain all copyrights...if they want the rights to the piece, I sell them the rights, while retaining my right to photograph and the ability to use same in advertisements, plus specifying mention of the artist's name in any promotional material the client might produce.
By putting it on the invoice, it brings it up as a topic when and where it should be, before the contract is finalized.

I am sure it would be much appreciated if you could possibly post a sample of your invioce / contract forms that others could use and modify or use as a reference when writing up contracts.

Thanks,