If you are an author, a painter, or some other type of artist, then you no doubt place a high value on the original expression found in your works. In many cases, there may also be a financial value associated with what you’ve produced. For these and other reasons, the United States government has enacted legislation designed to protect your rights as the originator of a creative work. Such legal protections are known as “copyright law.”
What is a Copyright?
A copyright can be defined as “a form of protection provided by the laws of the United States to authors of ‘original works of authorship.'” Under the Copyright Act that went into effect on January 1st, 1978, writers, painters, musicians, and other creative artists have certain exclusive rights to their productions. These rights include:
- Reproduction
- Distribution
- Performance
- Display
- Licensing
- Preparation of derivative works (such as sequels to a novel)
The copyright holder can also enforce these rights through copyright law or copyright infringement litigation. For example, if an unauthorized party attempts to reproduce a copyrighted picture from a book for use on a website, without the original author’s permission, then the copyright holder can sue the unauthorized party for infringement on his rights.
In 1990, the Visual Artists Rights Act (VARA) granted certain rights that specifically apply to creators of visual works of art. The two main rights legislated were the moral rights of attribution and integrity. In other words, visual artists have the right to claim authorship of their work and to prevent the use of their name on work they did not create, or on works of art that have been distorted, mutilated, or modified to the point that it could harm the original artist’s reputation.
Do Artists Have to Register for a Copyright?
An artist that creates qualifying “works of authorship” does not have to register for a copyright — he or she obtains a legal copyright as soon as the work has been created. In the past, an author would have to provide a notice of copyright (such as the copyright symbol and the author’s name) in order to ensure legal protection; however, that is no longer mandatory.
Nevertheless, if a copyright holder seeks to enforce his rights through a lawsuit, then he must formally register his copyright with the U. S. Copyright Office. He must also deposit a copy of his work with the Copyright Office, except in the case of certain materials that would render this step impractical or impossible. For example, a painter would only need to submit an identifying photograph of his original painting to the Copyright Office.
How Long Does a Copyright Last?
With a few exceptions, any work of authorship that was created after the enactment of the Copyright Act (January 1, 1978) retains a copyright for the duration of the author’s life, plus 70 years. If two or more authors have equal claim to the copyright, then the copyright will last for 70 years after the death of the last surviving author.
If the work of authorship was created before 1978, then its term of copyright will vary depending on its year of creation. Once the term of copyright ends, the work becomes part of the “public domain” — i.e., it will belong to the general public without further consideration as to copyright ownership.
Partnering with the Copyright Law Experts
If you are a Tampa-based artist, author, or business owner that deals with trademarked or copyrighted material, then the experts in copyright law at Larson & Larson can advise you on the best way to protect your intellectual property – and seek compensation if someone infringes upon your rights. Contact us today to learn more about copyright law and the services we offer.