Copyright Legislation Law & Your Art

In the article “Copyright Registration Law and Your Art” , MJ Bogatin suggests the possibility that the registering of all art on the internet for copyright may not be entirely necessary. Bogatin supports this assertion by explaining in detail how according to United States Copyright Law, and quoting from the copyright.gov website, your art is considered copyright protected from “the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”(Bogatin 2014).  The purpose of this piece is to inform the public of the procedures that follow registering your art for copyright and what happens prior to infringement. This piece is geared towards potential artist who are interested in exposing their work to the digital age and are concerned about the possibility of infringement.

I found this article to be very informative as it introduced a whole new legal side to how technology has influenced art and its movement to the digital age. Your art may be automatically copyrighted, however not taking further action in formally registering it with the United States Copyright Office could be a major mistake.While it is certain that under the United States Copyright Law your art is protected to some degree. Bogatin explained that the artwork at least risk for infringement would especially those who produce more abstract or conceptual works, art with substantial cognitive components, art that’s difficult and nonproductive from monetary standpoints to copy or reproduce, and art with limited commercial appeal (Bogatin 2014). However, there are certain pieces that require a bit more attention. The artists who should be most concerned are those whose images have somewhat of a mass or commercial appeal and and are easy and conducive to being copied. Another indication that copyrighting your art would be a good idea is if you’ve developed a particular type of look or composition or subject matter that is identified as being uniquely yours, especially if it’s becoming increasingly popular with collectors. Essentially, the sooner you recognize that a possibility exists for appropriating and capitalizing on your artworks, the better. Bogatin also took the time to walk through the specific procedures and steps that formally copyrighting requires. I appreciated this article because it did not necessarily pick sides as to whether or not having art on the internet was a negative or positive movement, but rather explained to artists how to protect their work should they decide to do so.

Bogatin, MJ. “Copyright Registration Law and Your Art Pros and Cons of Registering Your Art.” ArtBusniess.com. 12 Apr. 2014. Web. http://www.artbusiness.com/register_and_copyright_art_for_artists.html

Image: Shutterstock

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3 thoughts on “Copyright Legislation Law & Your Art

  1. This article brings up an excellent point. I’m sure my artists are concerned with their work being stolen or forged especially if they’re well-known and they merely want to share their work and passion, not their livelihood. I wonder, since he wrote this article to caution artists and reassure them, is this a constant threat? I know from a few articles I read consumers should be on the look-out for forged works from the greats like Picasso, Rockwell, and Monet, but is it extremely common amongst digital artists or artists who share their work online?

    Morgan

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  2. I feel as though the message from this article is a little contradictory from what I can tell. It first starts by saying artwork is automatically considered copyright the moment it is created. However, you still must register the art work in order for the full effect of protection. This is misleading because if it was automatically protected, further actions would not really be needed. But, I do think it is a very critical step for published artists to gain the proper copyrights to be successful in the industry and prevent any unwanted plagiarism.
    Kaitlyn

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  3. I wonder what can be considered art online and is protected by copyright? I completely agree that obviously artistic pieces should be protected, but I’m just curious to know how protected casual little comics, random sketches uploaded from an amateur, and memes are against being copied. Usually they do seem pretty insignificant, but you never known when the next internet fad will appear on t-shirts and coffee mugs everywhere without benefiting the original creator.

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