by Li Gardiner and Josh Wilson
Copyright is provided by the laws of the United States to the authors of “original works of authorship,” including pictorial, graphic and sculptural works. The owner of copyright has the exclusive right to make copies, prepare derivative works, sell or distribute copies and display the work publicly.
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If the work carries a proper notice, the court will not allow a defendant to claim innocent infringement. |
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Copyright protection is automatic
Under the present copyright law, which became effective January 1, 1978, a work is automatically protected by copyright when it is created. Neither registration in the Copyright Office nor publication is required to secure copyright under the present law.
Advantages of registration
Though copyright protection is automatic, there are advantages to registration, including the public record of your copyright claim. Copyright registration must generally be made before an infringement suit may be brought.
A Visual Arts Copyright protects original “pictorial, graphic and sculptural works,” including two dimensional and three dimensional works of fine, graphic and applied art — from advertisements, labels, floral arrangements, toys and holograms to needlework, reproductions, stained glass, blueprints and much more.
Registration procedures
If you choose to register a claim in your work, package together the following materials in the same envelope:
1. A properly completed application;
2. A nonreturnable deposit of the work to be registered; and
3. A nonrefundable filing fee of $20 in the form of a check or money order, payable to the Register of Copyrights with each application.
Send the items to:
Register of Copyrights
Copyright Office
Library of Congress
Washington, D.C. 20559-6000
Notice of copyright
Use of the copyright notice is recommended because it informs the public that the work is protected by copyright, identifies the copyright owner and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not allow a defendant to claim “innocent infringement” — that is, that he or she did not realize that the work is protected. A successful innocent infringement claim may result in a reduction in damages that the copyright owner would otherwise receive.
A proper copyright notice for works of the visual arts consists of the following three elements:
1. The symbol (c) (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”;
2. The year of first publication of the work; and
3. The name of the copyright owner, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
Example: (c) 1995 Joan Jones
The notice should be permanently attached to the copies, legible to the ordinary user and placed in such manner and location that it gives reasonable notice of the claim to copyright. It must not be concealed from view upon reasonable examination.
Moral rights for visual artists
For certain one-of-a-kind visual art and numbered limited editions of 200 or fewer copies, authors are accorded rights of attribution and integrity.
The right of attribution ensures that artists are correctly identified with the works of art they create and that they are not identified with works created by others.
The right of integrity allows artists to protect their works against modifications and destructions that are prejudicial to the artists’ honor or reputation.
These rights may not be transferred by the author, but they may be waived. Transfer of the physical copy of a work of visual art or of the copyright does not affect the moral rights accorded to the author. For works of visual art incorporated in a building, special rules apply. If the owner of a building desires to remove such a work from the building and removal is possible without destruction, the owner is required to accord the author the opportunity to make the removal himself.
For more information
To request applications, circulars and other publications, call the Forms and Publications Hotline 24 hours a day, (202) 707-9100, and leave a recorded message, or write:
Publications Section, LM-455 Copyright Office
Library of Congress
Washington, D.C. 20559-6000
To speak with an information specialist or to request further information, call (202) 707-3000 (TTY) or (202) 707-6737 between 8:30am and 5:00pm, Eastern Time, Monday to Friday, except federal holidays.
Copyright information also is available through the World Wide Web at
http://lcweb.loc.gov/copyright
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