Sale on canvas prints! Use code ABCXYZ at checkout for a special discount!

Copyright Laws on Artwork

Blogs: #2 of 2

Previous Next View All

Update on my artwork:

ALL ARTWORK SHOWN ON THIS PAGE BY BILL RICHARDS
IS OFFICIALLY HIS ARTWORK AND MAY NOT BE COPIED OR PRODUCED
WITHOUT WRITTEN PERMISSION
Copyright 2012.

Questions and answers concerning commissioning an artist to a drawing:

1.) Who has the copyright of the drawing? - Answer: The artist retains all copyrights to every drawing that he/she does. The ONLY way that an artist 'loses' such rights is if he/she signs over the rights to anyone else.

2.) Can the person/persons who retains the service of an artist to do a commission piece sell or resell the drawing? - Answer: Yes. The artist (unless otherwise stated) has the rights to make more prints upon demand, but has NO rights in reselling a piece that was commissioned. The one who retains the services of an artists has that right to sell NOT reprint the artwork in question. This means that if the buyer wants more copies of the artwork they must first ask the artist to either make more prints or get his/her permission to do so.

3.) Can an artist use the artwork in publicity as long as there is NO monetary gain to be made? - Answer: YES! The artist retains all copyrights to any/all images he/she creates and can at will use any/all images in publicity. The ONLY way an artist can NOT legally use the piece is if there is a signed statement agreed upon by both parties that the artwork in question be NOT used for any other purpose.

When I am commissioned to do a drawing for someone, I will use that drawing to display my services on the internet as a form of advertising. Unless there is an agreement stating otherwise


First off, the moment you create ANYTHING visual—paintings, drawings, photographs, sculptures, etc—the only person who is allowed to copy that art is you. If you decide to sell prints of one of your paintings, you can. If anyone else does, without your written permission, you have the right to take them to court and sue for damages.

In fact, copyright laws are so strong that your family or legal heirs will still own the copyright to your artwork until 70 years after your death.

Artists that display their work online or allow their art to be published in books or magazines often put a copyright symbol (along with their name and the year the artwork was created) next to the reproduced imagejavascript: validateform();. This practice isn’t actually necessary—you still own the copyright, even without using the symbol—but at least this will remind people not to copy your work.

Additionally, if you find out that someone HAS “infringed” on your copyright, and you can prove that the copyright symbol was next to the image of your artwork that they copied, you’ll have a very strong case against them if the issue ever goes to court—which is exactly why so many artists choose to put up that copyright notice.

You should also be aware that even after selling an original work of art to a collector, you still hold the copyright to it. The buyer cannot make prints or sell copies of your art unless you’ve given them that express permission in writing.

Now, even though you own the copyright to your art immediately after creating it, there are still ways to officially register your copyright claim with the US government and most other governments (if you live outside the US) as well.

Some of the reasons to officially register your artwork are:
1. Registration creates a public record of your copyright (more proof in court)
2. Registration is the first step required before you can sue someone for infringement
3. Registration often increases the amount you can sue for

If you don’t plan on suing someone, here are a few other reasons to register:
1. You’ve created something especially valuable (ie, the next Mickey Mouse).
2. You plan on selling the copyright of your art to someone else
3. You’re very, very cautious.

In the US you can register your copyright with the US Library of Congress Copyright Office by filling out an application and paying a fee. For further information about the application form and costs, make sure to visit www.copyright.gov/register/visual.