0.7 Artwork and photography  (Page 2/6)

What rights do I have in the paintings I create?

Q: I am studying art, specifically painting, at a university. I create a lot of drawings and paintings. I have heard that it costs $35 per item to get a copyright. After paying tuition and fees, I just can’t do that. How can I get copyright in my own works at this stage of my career?

A: You do have copyright in your drawings and paintings already. Once you have created them in a fixed medium – on paper or canvas, or digitally – there is automatic copyright protection. Registration (for $35) is required if you plan to protect your work against infringers in court and collect statutory fees. Without registration, you may still sue infringers for actual damages. Another advantage of registration is that it helps you to retain some of the copyright owner’s rights once you sell a painting. (Anonymous1992)

Register your works at the Copyright Office (External Link)

Q: I am going to college next year, and would like to take my favorite painting, which is owned by my aunt, with me. She won’t give it up, of course, so I decided to take a digital picture of it and print out my own copy. My aunt got all upset because she thinks this would be violating copyright! I say that I’m not going to put it online, or sell it, so it’s OK. Who’s right?

A: A strict reading of copyright would favor your aunt. The rights of the holder of copyright in artwork are to make and distribute copies, make derivative works, and to display in public. You plan to make a copy (with the camera), and then make a derivative work (the printout). If the artist does not wish his or her work to be presented in a lower-quality format, then the artist has the right to prevent this action.

Another way to read this situation, however, is that one copy, displayed in a private room, is not a public display. It is highly unlikely that you’ll get caught (unless your roommate turns out to be the artist’s relative). You might be able to claim it as a “personal research” copy, like copies of articles or book chapters. If the subject of the picture can be at all related to your studies, you could try this argument.

Q: I am studying fine arts, focusing on painting. I would like to make copies of my favorite paintings in different styles in order to develop my technique. How do I contact the artists in order to get permission to do this?

A: To contact artists, start with a search using more than one online search engine. Many artists have web sites they can be contacted through. If the artist is dead, their descendants may still be managing the copyright. If you do not find them this way, go to ASA (American Society of Artists) or AIGA (Graphic arts). However, to copy a painting solely for educational purposes – or to develop your technique – is not an activity that needs copyright permission, so long as the copies are not displayed.

Q: Can I copy artwork just for fun, or will I get in trouble?

A: It is not likely to be a copyright infringement if you copy artwork just for fun, so long as you do not display or distribute your copies.