artwork and copyright

July 29, 2010 5:43pm CST
my daughter is a great artist and at tender age of 16 has just left school and looking in all directions for a way to go. Our good friend ellie suggested she got involved with a local art shop - we're off to investigate tomoro - but does anyone know answer to this prob? if she does a piece of artwork - a painting say - and someone buys it, where does she stand on the copyright issue? i dont want her to spend hours producing something wonderful only to have someone come along and pay 20 pounds and then go and mass produce copies making a killing on her efforts! i know copyrights and patents can be exhorbitant so does anyone have any good advice please? x
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6 responses
@jillhill (37354)
• United States
30 Jul 10
I copyright everything I write.....and stick by it. But I really don't know how an artist goes about it. I only know about writing..sorry I can't be of help.
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@ellie333 (21016)
30 Jul 10
Jill how do you go about copyrighting your work? Do yu have to pay or do you just do the little c i a circle symbol after something you have written or does your publisher handle it all as I have friends that write too. Huggles. Ellie :D
@jillhill (37354)
• United States
31 Jul 10
Actually when I write a poem I quickly put it on a website....called poetry.com they print it out and at the bottom of it is the copyright....and it's free so I run off a copy and I have it in my records. Otherwise once you sell an article to a magazine they buy it and after that it's theirs...my books are copyrighted by the publisher...you can also apply here to the library of congress who will send you the forms you need for your copyright.
30 Jul 10
thanx jill, that may also prove interesting as she has a gift for writing too! could be back to hassle you for more info about that! :)
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@Suke002 (311)
• United States
30 Jul 10
I know I'm late on answering this. But I'm an artist and I've been drawing and selling since 4th grade. What I have learned to do is to add you signature into the piece of artwork so no one can 1. erase of cover over the signature without ruining the picture. and 2. no one can claim it's there's. If it ever came down to it, the original piece is proof that it is 100% hers. It works without working about spending money on copyrights. (although it is a better guarantee for her). (I still simply sign the paper myself when I sell originals but I still try and incorporate it inside the picture from the buyer's view).Hope this helped.
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30 Jul 10
o thanx suke! now that's info from the lady who knows! what a very good idea and it clearly works hun! copyrights have their place but can be prohibitive and unnecessary in some cases unless i guess we're talking a major major piece! will pass that on too, much appreciated and hoping that your success clearly continues! x :)
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@ellie333 (21016)
30 Jul 10
Hi Wendie, The links that have given by previous response are really informative and pretty much what I thought as this is also how Antony does it although that is writing rather than paintings, same principle applies. I hope the gallery downtown is as enthusiatic over her work as others and as a good word been put in already definitely worth folowing that one up :) One of the other respones Su who is an artist says she just signs the paintings also, which will be helpful for Artizan and others creative hear to know too eh! Huggles. Ellie :D
30 Jul 10
yes all very good advice and i'm grateful to everyone for this as it could turn out to be a right mess if it did go wrong for her! can't thank everyone enough for responding to this one and if we go with the advice and tag on a heap of common sense she shouldn't go far wrong! xx :)
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@bloggeroo (2167)
• Philippines
30 Jul 10
Hmm. Although we didn't discuss this in law school, I'm pretty sure that she has intellectual property rights over her work. But her rights over the reproduction part may depend on the context of the transaction. If she sold her work to a known manufacturer without any written contract, the court would probably presume that she sold "all" her rights unless there is a specific provision in the law that says otherwise. Anyway, the situation will have to depend on the type of work she is producing. If it's an oil painting, the buyer may not have the right to reproduce it in any way. But if they are graphic art on paper, the buyer may have acquired the right to reproduce it. Of course, she usually gets some kind of royalty. The latter should be covered by some kind of written agreement. In any case, if you want your daughter to reap the benefits of her talents, just get an agent who can negotiate a good deal for your daughter. The deals will probably be covered by some kind of contract between her and the buyer.
30 Jul 10
thanx bloggeroo! that's a big help m8! that all makes sound sense. it's a world i know little about frankly and as a pure cynic in many respects (!) i tend to try to do my homework in any major matters like this to avoid pitfalls in the future. will pass on what u say and thanx again :)
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@artizan (195)
29 Jul 10
i wish i had the answers for you but wish your daughter luck, and will be interested to know wwhat you come up with.. it is a shame that we have to think of these precautions before we can begin to let loose in creative endevours.... the one thing that has come to mind, is contacting art sites on the web and galleries that would have to deal with these issues as sellers of paintings or art universities... funnily enough watched the hotel inspector who tonight featured an art hotel and gallery, which brought to mind the very question you asked. i would contact a gallery firstly to see if they had any pointers sorry not much use in facts and offer only encouragement best wishes x
30 Jul 10
thanx hun! yeah it is a crying shame that we have to think this way.. maybe a sign of the times i dunno! yeah that seems a very good idea hun, will visit a few places and do some trawling on the web se if we can come up with any answers. if we do the nwill def post here as a reference x
@artizan (195)
30 Jul 10
i do know that it is good to actually record all paintings and photo them.. i was once told you build your own catalogue, oh my its coming back.. right., say you have a small collection 20 paintings, this you record by taking photos and actually giving the painting a reference number, i thought of it like a birth certificate.... that way as am sure has been mentioned by mutual friend... you keep the original, and sell prints of it... limiting the first edition to 25/50... so lets say first picture is of mouse.. orig/mouse copy/mous number 1/25 and of course date artist name where sold and who too.. keeping copy of receipt etc etc... this way you can actually track your work and its movements and can be kept in diary as well on line.... Now another thing i peronally will do which i dont mind sharing is give a little brief on artist age origins that kind thing. and also a little brief on how picture came to be., this way combined with birth certificate number and date you are trcking in a paper trail for future sales on prints., rather than letting go of origional and therefore adding copyright symbol means you hav definitave proof that the origional work was yours if should get mass produced.., because you have created the trail for yourself.. it is not full proof but is proof of ownership... conception, birth, and leaving home... thats why called it birth certificate hope that helps a little better best wishes x
30 Jul 10
that's gr8 artizan, thanx for sharing that hun, good advice as always. i guess simple fact that u have added the copyright symbol shows u must have been person who painted it, just wasnt sure if that had any legal standing as such xx
1 person likes this
• Thailand
30 Jul 10
i thinks every value things on the world have so expensive prices, if you thinks f20 has not value, i thinks you wrong, because it is the price of her art, that price can tell her that her art still in what level, and it help her to try more and more, and maybe you should help your kid in her train about her art...
• Thailand
30 Jul 10
hope you will best father forever