In today’s tough business climate, there has been a disturbing trend among professionals in the commercial visual arts to sidestep the issue of copyrights. In part, designers and illustrators are becoming reluctant to raise the issue of copyright in the fear losing clients. Ignorance of he concept of copyrights among young or inexperienced designers and illustrators is also a factor. Unfortunately, this situation contributes to the erosion of creative rights and the loss of income for the entire visual arts community. Copyright, by reinforcing the value of creative work, helps establish a climate of appreciation for the unique skills and talent of all visual arts professionals.

Basically, almost any creative work can be copyrighted by its originator: written or literary works; music, including the accompanying lyrics, and sound recordings; theatrical or dramatic works; choreography, including dance and pantomime; any works of graphic or fine arts, including sculpture and photography; audiovisual pieces; and architecture. The only stipulations are that the work be original and that it be tangible. These two criteria are less obvious than they seem. For example, names, ideas, and procedures are generally not copyrightable (although they may be protected by patent or trademark law).

Less obviously, derivative works and compilations are copyrightable. A compilation, even of a collection of copyright-free materials, is recognized as an original work in the selection, coordination, arrangement of the materials. Likewise, a derivative work, such as a dramatization of a literary work, a translation, or an editorial revision, is also recognized as an original work. Ownership of a work’s copyright belongs exclusively to the creator, unless the work was "made for hire": created by an employee as part of their job description, or specially commissioned as work for hire and agreed to ahead of time. Work for hire essentially transfers all copyright from the creator to the purchaser or hiring body. Many artists’ rights and professional organizations, including the Graphic Artists Guild, strongly oppose work for hire agreements. The nominal fee a visual artist typically earns under these agreements is slim compensation for the loss of additional income through the sale of rights.

Copyrights recognize the intangible value in a creative work and provide the originator the means to capitalize on that value. Unlike work which is not original, such as production, creative work is more than the sum of the labor and materials involved. The creator’s skill, talent, and life experience combine in the realization of an original, unique work. Such works often have multiple uses. For example, an illustration may be reprinted on a poster, t-shirt, or coffee mug, all of which will generate income for their seller. In addition, a creative work may have great intrinsic value. A good example of this is a product or corporate logo, which essentially puts an easily recognizable "face" on a company or product, establishing its public identity.

Visual artists who retain the copyright on their work are able to renegotiate additional usage fees every time their work reappears. Copyright also protects their work from manipulation or distortion, a crucial issue for individuals whose livelihood depends on the quality of their work. In some instances, typically logo design, it may be to the benefit of the creator to sell the copyrights, either partially or in their entirety. Owning rights that can be sold is quite different from creating work for hire, in that the artist has the ability to negotiate for an equitable compensation.

All original works created since 1989 – published and unpublished – are automatically copyrighted to their originator. The creator is not required to put a copyright notice (that ubiquitous little ©) on their work, but voluntary use of the notice is strongly urged. In addition, individuals should consider registering their work with the U.S. Copyright Office. If a copyright infringement occurs on a work not registered with the office, the onus of proof falls upon the creator. Registration also entitles the creator to statutory damages and attorneyÕs fees, should the courts agree that an infringement occurred. Finally, a work must be registered before a copyright infringement suit can proceed; to claim statutory damages and attorney’s fees, the work must be registered within three months of publication.

Registering a work is fairly easily done. An applicant fills out the appropriate registration form (#VA for visual artists) and sends it back with a registration fee of about $25, and two copies of the work. (Depending on the nature of the work, the submission of two copies may not be mandatory; individuals should check with the Copyright Office for clarification.) Processing usually takes about 16 weeks, and for a fee of about $330 can be expedited to take anywhere from five to seven days.

Contact information: To register a work, contact: U.S. Copyright Office Library of Congress Washington, D.C. 20559 To request forms and circulars from the 24-hour Hotline, call:202-707-9100 To request fax copies of forms using a touch-tone phone, call:202-707-2600 For more information, call:202-707-5959 or 3000

For extensive information on copyrights, consult The Copyright Primer, developed and written by the members of the Association of American Publishers, Inc. (AAP) and the AAP Rights and Permissions Advisory Committee. This excellent guide provided much of the information disseminated in this article. For more extensive information on copyrights, contracts, and business practices for graphics professionals, consult the Handbook of Pricing and Ethical Guidelines, 9th Edition, published by the Graphic Artists Guild and distributed by North Light Books, ©1997. The Graphic Artist Guild can be reached at: 32 Broadway, Suite 1114 New York, NY 10004 Tel: 212-791-3400 Fax: 212-791-0333 Graphic Artist Guild