What Is Copyright And How Can I Protect My Work?

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Categories: Tips and Tricks

As an artist or designer, copyright is a topic which is important to have deep knowledge of, so you, and other people, don’t get into any trouble with infringing someone else’s copyright. Copyright protects your artwork, designs, photographs, and anything that you make. Were going to running through the basics of copyright, which we thought would be good to show to you, and for you to learn about along the way. As this could be a subject which you may need to refer back to in the future, but hopefully it never becomes an issue. So let’s get started.

What Is Copyright?

Copyright basically allows you to have ownership of your work. It is a legal term which defines the right to copy something, and in this case, your artwork and designs. It gives you, the creator, to have copywrite of your work (if you didn’t copy from anywhere else that is) and keeps it protected.

Copyright is especially important if you work freelance or as self employed. As soon as you put pen or pencil to paper, the image is yours, and so is the copyright. No one but you has copyright to that image, and gives you the right to be credited for it. So in effect, if you give your artwork to another company, like when you submit a design to Graphic Tide, you still keep 100% of all of the copyright of the image. No one else, but you.

What Area’s Not Covered By Copyright?

Have you had a great idea, but someone has come along and produced the exact same idea? Well unfortunately for you, an idea or concept has no copyright on it, but only the form it takes. So if you have a killer idea, but it’s only in your head, unfortunately that is not enough to protect the idea. So if you don’t want this to happen to you, produce it before anyone thinks of it, or don’t tell anyone the idea before you do.

If your not a freelancer and work for a company however (an in-house Illustrator for instance), then your employer holds copyright of the images which you produce. Even though you’ve made it, your employer holds the copyright. Anything which is produced outside the office, is yours.

A major annoyance and which is very frown upon in the creative industry, is that of copying of someone else’s ‘style’ or ‘way of working’. If you see someone with the exact same style as you, you can’t do anything about it. A ‘style’ has no copyright over it. I would deeply discourage artists and designers to copy anyone else’s style, and if someone asks you to do it, say no without any hesitation.

Are There Any Other Benefits Of Copyright?

If you hold the copyright to a particular image, you have the choice to either keep the copyright, and sell copies of that particular image, or sell the actual copyright itself. Once you sell the copyright, then whoever owns it, can choose what they want to do with it. So if your looking for a quick cash injection, this is an option. However, once it is sold, you can’t get it back, so make sure it’s the right choice for you.

How Long Does Copyright Last?

Copyright of an image lasts for the creators lifetime, plus 70 years. So if your looking to collage the ‘Mona Lisa’ for example, there is no copyright on this image anymore, so it’s ok to use. Be careful that you don’t use images which fall into this bracket however, as you could be infringing someone else’s copyright.

Copyright Infringement

If you use someone else’s imagery, then you are breaching copyright laws. The owner of the copyright, can expect to be awarded damages for the image that was used, and the amount that would of paid for license will also be paid to the creator. This includes an injunction for further copying of the image, and allows them to keep the profits which the image has made.

Key Points

  • Make sure you check if an image still has copyright on it
  • Use Stock Free Imagery if you do use other people’s imagery in your work
  • Copyright keeps people copying your work, and making a profit from it
  • A copyright expires after the creator’s lifetime, plus 70 years
  • There is no copyright on a style, idea or concept, but only the form that it takes
  • If someone breaches your copyright, you are entitled for damages and the profits which they have made

I hope you enjoyed this blog post about copyright, and the laws and advice which we have shared with you. Remember to always check the copyright of an image before you use it, as we don’t want you getting in trouble. Comment us below if you have anymore questions or queries, we would love to hear from you. Be sure to check us out on Twitter or Facebook also. Thanks, and have a great day!

About the author - HKJS

HKJS

I'm an Illustrator, Designer & Animator from Hampshire, United Kingdom, and have been illustrating for a number of years. I have a wealth of experience within editorial, maps, posters and book covers. Having a firm interest in the creative industry and everything that revolves around it, I want to share what I've learnt to you. From this, I have a keen passion for t-shirt design and how illustration can become a part of something you wear.

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