I hope this is the right place for this question. I had a friend ask me the other day, how I keep people who buy my original paintings from taking them to a printer and having giclees or some sort of prints made? I said that I didn't think a customer buying an original gives them the right to make copies, and that if it ever became an issue, I suppose I would pursue legal action.
I've never heard of artists asking customers to sign some paperwork to prevent this possibility. Does anyone know for sure what the law says about this? Thanks much.
Replies
A work is automatically protected by copyright when it is created, that is, “fixed” in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection. There are, however, certain advantages to registration, including establishment of a public record of the copyright claim. This link is really informative. http://www.copyright.gov/circs/circ40.pdf
Cheers,
Rod Arroyo
www.cityphotosandbooks.com
That very issue has been on my mind lately. I'm in the process now of crafting a combination artist's statement/C.O.A./customer receipt, which includes language explaining copyright ownership. That way everything is clear upfront about the legalities. I don't mind if they make copies for family gifts or anything like that, but using the image for commercial properties is another issue entirely.
I'm wondering if it's worthwhile to put a © on every painting?
Larry Berman
http://BermanGraphics.com
412-401-8100
I regularly have auctions pulled from eBay when they use my images as part of what they're selling. eBay has what's called a VERO program. That's verified owners rights. Too bad art shows don't have something similar.
Larry Berman