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How To Copyright Artwork

How to Copyright Artwork: A Complete Guide

Trady

Trady

07 August 20245 min read

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How to Copyright Artwork: A Complete Guide

Copyright is intellectual property that grants creators exclusive rights to their original works. It covers various creative expressions, including literature, music, art, and more. 

Copyrighting your artwork ensures that you, as the creator, control how your work is used, distributed, and reproduced. This protection helps prevent unauthorized use and provides a foundation for legal action if your rights are infringed upon.

In this blog, we'll delve into:

  • The importance of copyrighting your artwork,
  • The steps involved in obtaining copyright protection,
  • And the benefits that come with it. 

Whether you're a seasoned artist or just starting, understanding copyright law and how to copyright your artwork is essential for protecting your creative work from infringement.

What can be copyrighted?

Copyright applies to a wide array of creative works, such as:

  • Artwork (paintings, drawings, sculptures, etc.)
  • Literary works (books, articles, poems)
  • Music and lyrics
  • Performances and dramatic works
  • Films and videos
  • Software and computer programs

Types of artworks that can be copyrighted

Crafts

  • Handmade items: Original creations such as pottery, jewelry, and textiles.
  • Decorative arts: Unique designs in items like furniture, glassware, and ceramics.

Paintings

  • Oil paintings: Works created using oil-based paints.
  • Watercolor paintings: Art created with water-soluble paints.
  • Acrylic paintings: Paintings using fast-drying acrylic paints.

Drawings

  • Sketches: Preliminary or rough drawings are often used to study larger works.
  • Illustrations: Detailed drawings intended to explain or decorate.
  • Charcoal and pastel drawings: Artworks created with charcoal or pastel sticks.

Register Your Copyright With Copyrightable

What cannot be copyrighted?

Certain elements cannot be copyrighted, including:

  • Ideas, procedures, systems, methods, processes, concepts, discoveries, principles , or devices.
  • Titles, names, short phrases, and slogans.
  • Works that aren't fixed in a tangible medium of expression (e.g., improvisational speeches or performances that are not written or recorded).
  • Works that consist of information that is common property and contains no original authorship (e.g., standard calendars, height and weight charts, tape measures and rulers, lists, or tables taken from public documents).

Learn more about copyright protection. Read our complete article 
A Step-By-Step Guide | How to File a Copyright.”

Copyrighting your artwork ensures you control its use, reproduction, and distribution, protecting your creative rights. 

It provides a legal basis for taking action against unauthorized use, allowing you to claim damages and seek injunctions when copyright infringement occurs.  

Additionally, it enables you to license your work for commercial use, potentially earning royalties. 

Trademarkia powered by Copyrightable can assist you through the copyright process, helping with application preparation, legal support, and maximizing financial benefits so you can safeguard your artwork and focus on your creative pursuits.

Interested in learning more about copyrights and our attorneys? We interviewed one of our copyright attorneys, Victoria Walker, who went into detail about copyrights and why they're important:

What are the requirements for copyright registration? Let's explore the main ones: 

  • The work must be original, pictorial, and fixed in a tangible medium, meaning it must be recorded or written down in some physical form.
  • Fill out the appropriate copyright registration form available on the U.S. Copyright Office website. Of course, you can leave that process with our attorneys at Copyrightable, ensuring successful copyright registration. 
  • Pay the required filing fee with us. 
  • Submit a tangible form of your copy or copies of the work being registered. The requirements differ based on the type of work: for visual arts, typically one complete copy; for literary works, usually one or two complete copies; for published works, two copies of the best edition available.
  • After the application process, the U.S. Copyright Office will issue a certificate of registration, confirming the copyright protection.

What happens after copyrighting my artwork?

After copyrighting your artwork, it receives legal protection, granting you exclusive rights to reproduce, distribute, perform, display, and create derivative works. 

Your work is recorded in the public records of the U.S. Copyright Office, establishing a public claim to your authorship. You can also check the status of your Copyright from the public record.

You gain the right to enforce your copyright, allowing you to take legal action against anyone who infringes on it. This includes filing lawsuits, claiming damages, and seeking injunctions to stop unauthorized use. 

Additionally, you can license your work to others for use, potentially earning royalties and expanding your artwork's reach.

Copyrighting your artwork is a crucial step in protecting your creative work and ensuring that you have control over its use and distribution. 

By securing copyright, you gain legal protection, the ability to enforce your rights, and the opportunity to license your work for commercial benefits. 

Copyrightable powered by Trademarkia can assist you through the process, providing support and resources to help you navigate copyright registration and maximize the benefits of your creative endeavors. 


FAQs

What is the process for copyrighting my artwork?

At Copyrightable powered by Trademarkia, we'll handle the process of copyrighting your artwork, ensuring it's fixed in a tangible form. After you pay the required fee, you'll need to complete the appropriate copyright registration form on the U.S. Copyright Office website and submit a copy of the work. After processing, you'll receive a certificate of registration.

Do I need to copyright my artwork to protect it?

While your copyrighted artwork has protection as soon as it's created and fixed in a tangible medium, registering it with the U.S. Copyright Office provides additional legal benefits and copyright ownership, including the ability to enforce your rights in court.

How long does it take to get a copyright registration?

The time frame can vary, but the U.S. Copyright Office typically processes an application and issues a certificate of registration in three to eight months.

Can I copyright multiple artworks at once?

Yes, you can register multiple works as a collection if they are published together or meet the criteria for unpublished works. This cost-effective method allows a single registration fee. Using a copyright checker ensures eligibility.

What is the duration of a copyright?

The length of copyright protection varies but generally lasts for the author's life plus an additional 70 years. For works made for hire or anonymous and pseudonymous works, the copyright lasts 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

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AUTHOR

Meet Trady, Trademarkia's AI "Creative Owl" and the whimsical author behind our blog. Trady isn't just any virtual writer; this lively owl combines inventive wordplay with a deep understanding of trademark law. By day, Trady dives into the latest trademark filings and legal trends. By night, it perches high, sharing trademark wisdom and fun facts. Whether you're a legal expert or a budding entrepreneur, Trady's posts offer a light-hearted yet insightful journey into intellectual property. Join Trady and explore trademarks with wisdom and playfulness in every post!