Protecting your art: copyright
There is belief with pretty much all the artist that as soon as you paint any art it automatically becomes copyright and now I don’t need to protect it from any infringement further is this phenomena right weather you are protected in intellectual property provided by law in India?
The answer to this is no if you are not registered under copyright you are not liable to get any protection from infringement of your copyright
thus copyright protection is available for original work of ownership that are fixed in a tangible form, weather published or unpublished the question which is prevalent is what kind of work does the protection of copyright law includes ___painting, literary works, live performances, photographs, movies and software.
Q) What is a copyright?
The definition of copyright is “a person’s exclusive right to reproduce, publish or for instance to sell his original work of authorship that may include— (as a literary, musical, dramatic, artistic or architectural work)”
Q) What is the importance of copyright?
The important of copyright law is that it covers the “form of material expression” which is not based on actual concepts, ideas, techniques, or facts in a particular work however the reason behind why a work may be fixed in a tangible form it is just to receive the copyright protection of that product, there is the list of some examples of works being fixed in a tangible form includes hand written stories and original painting on canvas.
Note:-copyright law covers the “form of material expression”, actual concepts, ideas, techniques, or facts in a particular work, this is why a work must be fixed in tangible form in order to receive a copyright protection.
For the world of art internet is full of opportunity but on other hand it is also a world of worry considering todays scenario you can share your thoughts, ideas, art world to the world wide audience, collector, fans to raise money for your art projects however with this advantage also comes a full wave of dangers and drawbacks that may leave artist vulnerable and exposed, for many artist out there the largest looming night mare is the infringement of their art work taking into account your art work it is the hard work, time, money and sole in addition to it is your intellectual property thus protection of your art need to be priority, there are certain ways to help you do this so there are certain ways which are listed to protect your artwork>
Q) What do you mean by copyright ownership rights?
The exclusive work of copyright is to protection of copyright
The basic step of copyright law is to protect the time, effort and creativity of the owner, as such the copyright act gives the copyright owner certain exclusive rights,
- Reproduce the work
- Prepare “derivative works”(other works based on the original work)
- Distribute copies of the work by sale, lease, or other transfer of ownership
- Perform the work publicly
- Display the work publicly
The owner of the copyright has the right to authorize other people to do any of the rights that is mentioned above the owner of the copyright does not posses forms for these transfers so the transfer of the copyright is usually done on contract bases that means it done not require for a transfer legally recorded with the copyright office but having a legal record of the transaction is considered to be a good idea.
Taking into consideration the work of author or artist for a company or in course of his or her employment for instance the creator of the copyright does not make him the owner of the copyright, this is the situation known as “work made for hire”, so to say it gives ownership to copyright to the employer or person who commissioned the work , an independent contractor hire to create a specific work for a situation to hire a work made or if the work is created by an employee while the individual is on the job for instance if an employee writes article for a company in this case the company is the copyright owner not the actual writer.
Protection of your art against infringement
Did you know? (That clicking photo of your art work and then posting it on internet without giving any reference to you is an infringement of your copyright)
Q) What do you mean by intellectual protect and how am I covered under this law?
Intellectual property is a property that can be protected under state and federal law these are list of which are protected under copyright law:-
- Copyrightable work
Thus it includes intangible property such as copyright, patent, trademark and trade secrets
“copyright protection subsist in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later development, from which they can be perceived, Reproduce or otherwise communicated either directly or with the aid of a machine or device
In a layman language the term intellectual property is protection of your original work while copyright comes into play when you want to protect an original work which is created in tangible thus if your work is unregistered the it is very hard to prove it as your own work which is why it is important to keep digital or physical records so now the question come that what will happen it I go to court with my unregistered intellectual property to file a case of infringement?
The answer to this is that no you will be very hard to prove about your unregistered intellectual property that you are the creator of the art in question .
Q)suggest way of how can i protect my art from copyright infringement?
Always sign your name on your work
This is the initial step in protection of your art against any copyright violation, follow the habit of signing all your work. Preferably with the year of completion
Antelop canyon 3—acrylic on canvas—Jerry bethlam
NOTE- YOU MUST SIGN FOR ART WORK ONCE IT IS FINISHED
Register your work
This article is in regards from company vakil–(www.companyvakil.com)
Keep digital records oy your work—
A picture is worth a thousand words- especially if someone is claiming that your work is their work thus having a digital library of your artwork will save you a lot of hassle in the event of copyright infringement, as you proof this in court, great thing about copyright is that their metadata often stores the date that the picture were taken
Recognize the risk
You are creating a lot of art so it becomes important to focus on copyright protection efforts where its going to count for example if you create art which is more abstract or conceptual( and thus more difficult to reproduce) then your risk of getting copyright infringement is lower however if your pieces contain creatures or characters then there are chances of getting conceivably be borrowed or replicated or if you are someone who create images which are ironic having a very high mass market appeal then it is advisable that you should frist refer the steps outlined above.
These listed above are all great safeguards that will prepare you well if you need to file a claim against a copyright infringement thus there are several more easy tricks to get prevented from getting your image stolen.
Protection of your art on your website
There is no ambiguity that posting your work online is a risky affair, at the same time in this increasingly digital art world online exposure is often critical to an artist’s success having said that nothing is fool proof there are certainly some measures that can be taken for protection of your art on the internet
Conversion of your images to flash
Before posting your images online you may use to convert your images into a flash slideshow by doing the it will become impossible for people who simply copy and past images on the internet however this can be done by downloading special slideshow converters or consulting a web design professional.
Only publish small, low—(resolution images)
A low resolution image is simply isn’t worth stealing for most people thus before you run off to resize all your images to thumbnails make sure you do not save them over your high—res images so once you save an image as small and low-res, you will not get that file be ever high resolute again
Note:-save the web-ready version as a separate file.
Q)list down some suggestion on Windows or Mac?
Windows or Mac, you can use almost any image-editing software to resize images , the process is universally pretty simply that is —(form Photoshop to paint) you usually find “resize” option under the “edit” toolbar. Conversion of low resolution can be a little trickier
Consider adding watermarks to your images
Q)What do you mean by watermark?
Watermark is a logo or name that is placed on the top of an image, watermark credits you as the artist of your image and it is very difficult for anyone to remove/change this.
One of the most used copyright symbol is
In addition to the year of your work published
Note:-you should also include the year of completion as well as your name into this watermark it should look something like this.
This image was featured on our Facebook page and in order to protect the image digitally created by us as well the painting artist, rahul dev qwe could place watermark to denote authorship.
Protection of your art on social media
Indeed it is possible to keep a track record of number of people visiting and viewing your work on your site thus there are some measures to protect them from being copied, once you add your images on social media there is absolutely no knowing where they will end up having said that avoidance of social media altogether can be a serious disadvantage too.
Q)how do you protect your image with the help of some tips?
Read the terms and conditions
Do you promote your work on Instagram?
Other social media websites?
Recently, artist Richard Prince sold a “series of other people”
Instagram photographs and made out around 100000 lakh dollar this it seen that it is an outright copyright infringement the issue is actually in a legal gray—area one thing that needs to be high lighted that these images would have been registered federally with a copyright whenever you are posting your artwork to other platforms make sure that to go through terms and conditions to determine what copyright protection your art has there.
There is belief with pretty much all the artist that as soon as you paint art it automatically becomes copyright and now I don’t need to protect it from any infringement further is this phenomena right weather you are protected intellectual property