Licensed to Thrill: The Art of Copyright

            Artist: Julie Ellitt      Artwork: The Walker     License This artwork

Throughout my career  as a  creative business and  art licensing coach, there is always one recurring question:

“Do I have to register copyrights to my artwork before licensing?”

For the benefit of this article, this refers to artists in Australia the US and Europe, although other countries have similar laws and practices. We would highly recommend you to do your homework for your country or seek legal advise if you are unsure.

What is copyright?

For AUSTRALIA

Copyright is a way for artists to protect and monetise their creativity. Knowing how to license copyright and earn a royalty enables artists to generate income from their work. 

Copyright protection is automatic upon the creation of work and gives creators legal rights irrespective of the ownership of their physical creation and irrespective of whether that creation still exists. 

There is no need to register works in an official register. The symbol © is used to put people on notice the work is protected by copyright but is not required for the protection to exist.

For more details (Australia), view https://www.artslaw.com.au/info-sheets/info-sheet/copyright/

Your rights

For USA,

The “Copyright Owner” of a piece of art has ownership to all rights to the artwork.  These include the right of reproduction, sales and licensing. If you own the art’s copyright, you have a complete say on what happens with that artwork and no-one can legally use the art without your written permission.

You don’t have to file a copyright registration to designate yourself as the art’s owner, but filing a registration gives you more options if you have to sue someone for infringement.

While you’re the automatic copyright owner even if you never officially filed for copyright registration, there are some exceptions:

A) If you create art for an employer they own the copyright, and

B) if you jointly create art, the other person(s) are also owners. 

For more details, go to copyright.gov for their FAQ section.

If you created an artwork and sold the original to a collector, you own the copyright. The collector only has rights to hang the art on their wall. They cannot make prints, license it or print it in a book or magazine without your written permission.

If you created a commissioned piece of art, even if the client directed the theme, you retain copyright. The client can only use the art for that which you grant them rights to use it for. If they commissioned and will use the artwork for commercial gain then you require to pay you a royalty.

Signing a “work for hire” agreement with a client, or signing a document giving “all rights” away, means you no longer own the copyright.

So read every document your client gives you to sign. Many artists unknowingly give up all their when they sign a contract they don’t understand. Never sign one that reads “work for hire” as this is code for transferring all rights. If you don’t understand it, don’t sign it!

Do I have to register copyrights to my artwork before licensing to a manufacturer?

For artists in the US, the answer can be ‘Yes’ and ‘No’. Yes if the licensee or client requires you do. The contract you sign with them may refer to you having to register all copyrights.

But usually, the answer can be ‘no’. I don’t see a requirement in most licensing agreements.  However, most licensees expect you will have filed copyright registrations on all artwork.

If you’re planning to license your artwork for the long term, it’s good business practice to register all your copyrights. Why?  Because if a person or a company “steals” your art and starts selling it, it’s easier to fight if you are registered as the copyright owner. This protects both you and your licensee or client.

FOR EUROPE

The Copyright itself does not depend on official procedures. According to the Berne Convention for the Protection of Literary and Artistic Works, literary and artistic works are protected without any formalities in the countries party to that Convention. A created work is considered protected by copyright as soon as it exists.

In general, registration can serve as prima facie evidence in a court of law with reference to disputes relating to copyright.

Copyrights Sources:

Australia: https://www.artslaw.com.au

Europe: https://www.eucopyright.com

USA: https://www.copyright.gov

About Berne Convention