This presentation provides an overview of copyright law for artists. It defines copyright as protection granted by law for original creative works. A wide range of artistic works can be copyrighted, including visual art, performances, films, music, literature, and software. Copyright exists automatically at the time of creation without needing to include a copyright symbol. Owners have the exclusive rights to reproduce, distribute, and create derivative works from their copyrighted material. The presentation reviews common copyright mistakes and considerations, as well as options for artists to generate income from their work through assignments, licensing, and registering their copyright.

1. © Copyright for Artists: A Crash Course Presenter: Katherine Stimson ℗ This presentation is for general educational purposes. Consult a copyright attorney for your individual copyright needs.

2. Copyright: What is It? Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression.Copyright covers both published and unpublished works. -Source: Copyright.gov website

3. What can be copywritten? Visual arts Performing arts Motion Pictures Musical compositions Sound Recordings Literary works Computer software Websites Architecture Boat Hulls?

4. Do I have a copyright, a trademark, or a patent? Copyright= original work, in a fixed medium. The work itself is protected, not an idea or discovery. Patent= protection for discovery, idea, or invention Trademark= word, symbol, or phrase that identifies where a goods or services come from (a “brand”)

5. How do I get a copyright? Copyright protection exists at the time of creation. As soon as you write down a poem, take a photo, or record a song- you have a copyright. Its no longer required to use the © symbol in the U.S., but you may wish to. This lets others know your work is copywritten. © 2010 Katherine Stimson Sound recordings may use ℗ symbol.

6. What are my rights as a copyright owner? To reproduce the work in copies or sound recordings. Create derivative works. Distribute copies or sound recordings to the public (sale, rent, or lease) Perform the work publicly. Display the work publicly. Sound recordings only- to perform the work by digital audio transmission.

8. If a work for hire, anonymous, or pseudonymous, 95 years from publication or 120 years from creation, whichever is shorter.

13. Using someone else’s work Ask permission first. A copyright infringement lawsuit is expensive. Fair Use or Parody: These apply in limited cases, usually using a small portion for academic or criticism purposes. Fair Use and Parody are tricky areas of copyright law. When considering these instead of asking permission, consult a copyright attorney.

14. Copyright: Other Considerations Copyrights at marriage, having children, divorce, and death: Consult a copyright and/or estate lawyer to get a plan in place. Keep track of your copyrights- use an Excel spreadsheet. International copyright laws: Other countries may or may not recognize U.S. copyright laws. Visual artists may have more protection in other countries.

16. Assignments need to be in writing. Or….

17. How Can I Make Money? Licensing: You retain ownership but receive income from use: Find your niche market- what does no one else do? Stock footage libraries Newspapers and magazines Video for film, tv, web uses Music for film, tv, web uses Target art departments or music supervisors who can use your work. Musical compositions: Mechanical licenses allow you to earn income when others record your work.

18. Register your copyright online www.copyright.gov/eco $35 to file a copyright application online. Follow directions to fill out forms. Receive registration certificate in about 6 months. Upload samples of your work to online system, or print off receipt and mail in. You can also use Form CO or paper forms. These cost $45-$65 to file and take 9 months-2 years to receive registration certificate.

19. Resources www.copyright.gov Copyright Law by Richard Stim.

20. Questions? Katherine Stimson kstimson@sumanent.com (305) 401-7483 (cell) ©2010 Katherine Stimson