【How-to】How to Copyright Your Artwork

Do I have to copyright my artwork?

Like anything else that can be copyrighted, artwork is protected by copyright when the art is affixed in a tangible form (such as a painting, sculpture, or drawing). You have to register your copyright with the US Copyright Office if you want to be able to take infringers to court and be awarded damages.

Can you copyright a drawing?

How do I protect my art from being copied?

Registration Process

It is possible to register a copyright on a drawing, sketch or other creative work online using the U.S. Copyright Office’s electronic filing system, called eCO. For visual works such as drawings, copies of the work must be submitted with the application. A basic online copyright filing costs $35.

How do I trademark my artwork?

Is tracing art illegal?

How much does it cost to copyright a piece of art?

To complete the process, go to the U.S. Patent and Trademark Office’s site, www.uspto.gov. The process can be lengthy, lasting several months and requiring multiple steps, and application fees can range from $225 to $400.

Does an artist retain copyright?

Photographs can be copyrighted. A drawing made from a copyrighted photograph is a derivative work; such a drawing can be published only if the copyright owner of the underlying photograph has given his express consent. The artist of the drawing also has a copyright on all aspects original to his or her drawing.

How much do you have to change artwork to avoid copyright?

It means that tracing is legal, so long as the original artist does not object. Tracing is different in most cases because it is not artwork that has been copied physically/digitally from an original. A tracing is a reproduction or derivative based on original artwork and that is not theft.

How can I copyright my art for free?

The standard filing fee for copyrighting art is $55, but if you’re registering only one work as the sole author and claimant, it will cost only $35. You must file individual claims for each artwork you wish to copyright.

How can I get a free copyright?

The artist retains all rights under the Copyright Act of 1976 (17 USC Section 101) as the sole author of the work for the duration of the copyright. The duration of copyright in the United States is currently the life of the author, plus 70 years.

How do I get my artist name copyrighted?

How much do you have to change artwork to avoid copyright? There is actually no percentage by which you must change an image to avoid copyright infringement. While some say that you have to change 10-30% of a copyrighted work to avoid infringement, that has been proven to be a myth.

How do you copyright a logo?

Register Your Work

Go to the Library of Congress website and click on the electronic Copyright Office (eCO). Fill out the registration form and pay the required fee.
Once the registrar’s office examines your application, they will send you an official certificate of registration.

Can you copyright your own name?

Which is not protected by copyright?

If you want to register your copyright, you must complete an application online or by mail with the United States Copyright Office. The easiest and most efficient way to register is online. To complete an online application, log in to the eCO website.

Can I put TM on my logo without registering?

Filing a Trademark Application for an Artist Name

Select your name. Selecting a name is more difficult than you might think.
Conduct a Trademark Search.
Identify the Goods and Services and Filing Basis.
File the Application.
Respond to any objections raised by the USPTO Examining Attorney.
Approval and Registration.

Is it worth trademarking a logo?

Filing a Copyright Registration Application

Go to the U.S. Copyright Office website. Select “Electronic Copyright Registration” to fill in the Form VA online for registration of a work of Visual Arts. Name the creator of the logo and include contact information for the owner. Many logos are works for hire.

Is it better to copyright or trademark a logo?

No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 “Copyright Protection Not Available for Names, Titles, or Short Phrases”.

What is difference between R and TM?

Titles, names, short phrases, and slogans are not protected by copyright law. To be protected by copyright, a work must contain at least a minimum amount of authorship in the form of original expression. Names, titles, and other short phrases are simply too minimal to meet these requirements.

What is SM vs TM?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.