Copyright for Creators: Copyrighting Your Work
A brief overview of copyright resources for creators interested in protecting their work.
Introduction to Copyright
What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
When is my work protected?
Your work is under copyright protection 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.
Read more:
- Copyright.govThe U.S. Copyright Office is responsible for administering a complex and dynamic set of laws, which include registration, the recordation of title and licenses, a number of statutory licensing provisions, and other aspects of the 1976 Copyright Act and the 1998 Digital Millennium Copyright Act.
Registering Copyright
Your work is copyrighted the minute it is fixed in a tangible form, so you don't need to register for copyright for it to be protected. However, if your copyright is ever violated, you will need to register your work to file litigation.
- Register a Copyright in the U.S.You can register a copyright for your visual art, motion picture, photographs, literary work, music, sound recording, or other work using Copyright.gov's online form. Processing time averages 5 months to receive a certificate of registration. Most creators will use the standard application. Registration costs $35-55 depending on the type of application you file.
Standard Application Tutorial:
Copyright Resources
- SVA's Guide to Intellectual PropertyAs a community of creative professionals, respect for artists’ intellectual property rights is an important principle of our institution. This is one of the important reasons we ask all SVA faculty, administrators and students to carefully consider when they are using copyrighted content, and if it is necessary to request permission beforehand.
- World Intellectual Property Organization (WIPO)WIPO is an international organization of member states that administers 23 treaties, including the WIPO Copyright Treaty.
- Creative CommonsCreative Commons provides free, easy-to-use copyright licenses to make a simple and standardized way to give the public permission to share and use your creative work–on conditions of your choice.
- Understanding Copyright and Related RightsThis booklet provides an introduction for newcomers to the subject of copyright and related rights. It explains the fundamentals underpinning copyright law and practice, and describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. It also briefly covers transfer of copyright and provisions for enforcement. From WIPO.
Books:
Copy This Book: An Artist's Guide to Copyright by Publication Date: 2018This book is an artist's guide to copyright, written for makers. Both practical and critical, it will guide you through the concepts underlying copyright and how they apply in your practice. How do you get copyright? For what work? And for how long? How does copyright move across mediums, and how can you go about integrating the work of others? Copy This Book details the concepts of authorship and original creation that underlie our legal system, equipping the reader with the conceptual keys to participate in the debate on intellectual property today. "This sharp and useful book shines a light on the rights of all artists to protect--and share--their work. Eric Schrijver has produced an essential guide for navigating the new Commons and the old laws of copyright control." --Ellen Lupton
The Copyright Zone: a legal guide for photographers and artists in the digital age by Publication Date: 2015If you license or publish images, this guide is as indispensable as your camera. It provides specific information on the legal rights of photographers, illustrators, artists, covering intellectual property, copyright, and business concerns in an easy-to-read, accessible manner.
A User's Guide to Copyright by Publication Date: 2018A User's Guide to Copyright is long established as one of the key texts in the field. Renowned for its practical, user-friendly and authoritative approach and for its practical application to the main copyright using industries, the book is considered essential reading for legal practitioners, copyright law students and - crucially - for those working in the copyright using industries. Extensively cross-referenced to cases, legislation and leading texts and articles, this book clearly and effectively illustrates and explains the scope and relevance of copyright law in the new digital information era.
Radically Rethinking Copyright in the Arts by Publication Date: 2020This book radically rethinks the philosophical basis of copyright in the arts. The author reflects on the ontology of art to argue that current copyright laws cannot be justified. The book begins by identifying two problems that result from current copyright laws: (1) creativity is restricted and (2) they primarily serve the interests of large corporations over those of the artists and general public. Against this background, the author presents an account of the ontology of artworks and explains what metaphysics can tell us about ownership in the arts. Next, he makes a moral argument that copyright terms should be shorter and that corporations should not own copyrights. The remaining chapters tackle questions regarding the appropriation of tokens of artworks, pattern types, and artistic elements. The result is a sweeping reinterpretation of copyright in the arts that rests on sound ontological and moral foundations. Radically Rethinking Copyright in the Arts will be of interest to scholars and advanced students working in aesthetics and philosophy of art, metaphysics, philosophy of law, and intellectual property law.
