Visual Art Copyright Laws
by Sam Pavey
Copyright laws exist for everything published. However, you do need to
file for copyright if legal action is warranted. It may sound like a headache,
but it could be the best thing an artist could do. A copyright will not
be granted if the work is not an original piece of art. This would infringe
on the original art’s own copyright.
The Library of Congress Copyright office has a three step approach for
filing for a copyright. First, make sure the work is a visual arts piece
of work. This includes pictorial, graphic, or sculptural pieces of work
as well as 2-dimensional and 3-dimensional works of fine, graphic, and
applied art. Second, place a completed application Form VA, a $30 payment
to “Register
of Copyrights”, and a non returnable copy(ies) of the material to
be registered in an envelope or package. Lastly, send the package to the
Library of Congress Copyright Office at 101 Independence Avenue, S.E. Washington,
D.C. 20559-6000. The Copyright Office warns that your copyright becomes
effective the day the Copyright Office receives the application for copyright
along with the above mentioned items. The certificate of registration will
take 4 to 5 months to process.
The Pierce Law website provides information of copyright limits. The website
says copyright encourages the creative efforts of authors, artists, and
others by securing the exclusive right to reproduce works and derive income
from them. The website allows people that are authors or artists to get
information on their rights where copyright issues are involved. Copyright
does not give an owner the right to sell or distribute work the website
further explains. The website also puts into perspective that a copyright
can only be obtained for an original piece of artwork not a drawing of
someone else’s painting for example. The website strongly encourages
seeking the advice of counsel when dealing with copyright issues particularly
transferring copyright. This may be necessary for artists to research as
they may want to sell pieces of their original artwork and having copyright
laws explained by an attorney or copyrighter would be in their best interest
rather than attempting to understand copyright laws on their own. The website
has a plethora of information as mentioned as well as copyright infringement
and selling and licensing rights.
Copyrighting artwork should not be taken lightly but also an artist should
consider if they could benefit from having copyrights on the pieces of work.
It could simplify or eliminate problems that could arise from the sale of
original pieces of work by the artist. Artists should seek the advice of
counsel to better explain copyright laws and benefits. An attorney or copyrighter
is more knowledgeable of the copyright laws than an artist would be. Copyrighting
is something to consider as an artist to help further their career.
Bibliography
U.S. Copyright Office - Registration. Unk. U.S. Copyright Office. 06 March
2005. http://www.copyright.gov/register.
Welcome to the DiscoverySchool.com.... Unk. Discovery School. 06 March 2005.
http://school.discovery.com.
Art Law Center: art law, copyright litigation, copyright infringement. Unk.
Art Law Center. 06 March 2005. http://www.artlaws.com.
Copyright in Visual Arts. 07 December 2002. Franklin Pierce Law Center.
06 March 2005. http://www.piercelaw.edu/tfield/CopyVis.htm
His career started when he was called on for a jury duty.
He was proud he could serve; however, he wanted to appear stupid, hurt, confused,
or busy, so he would not be picked from the large audience to serve. He answered
all questions wrong regretting that each question would be posed twice; he
said he had many violations in his own life. He felt in the court like in
a European opera house, theater, or a conference. His answers intrigued the
court officials despite they indicated the uselessness of the system. He
was selected to serve on a 10-day lasting trial related to an identity theft – forging
art. The trial was painful, lengthy, and disturbing. The owner of a family
photograph did not want to be translated later into a musical composition.
Many voiced their opinions, quoted cases and created new definitions. The
Dutch painter, Hans van Meegeren, was brought to light; he was creating new
paintings in the style of Jan Vermeer, and then announcing they were just
discovered under a church. Cleverly, he used canvases from the 17th century,
so all the test using the C14 isotope would not detect the trick. The breaks
were interesting, though all jurors not interested in the arts were asking
why van Meegeren, a man with an exceptional talent, would not develop his
own line in art, and how the owner of the family photograph could recognize
it in the musical composition. This experience made Hiep applying to a law
school, with an emphasis in ethics and music minor. Hiep's fame came from
winning a case against an aesthetically bad artwork. Though he seemed sad,
unhappy, and under the weather, Hiep was actually the happiest person on
the planet. He had just met the most wonderful woman of his dreams. Her name
was
Agnes. She was sending him the best possible advice for each and every
of his cases while he was deeply asleep.