An artist & a lawyer talk about art copyright and trademark
ฝัง
- เผยแพร่เมื่อ 10 ก.ค. 2024
- As artists, having our art copied and stolen can be hurtful and infuriating. After all, we own our creativity and the work that we produce and it's fair to want to protect it from certain people who are looking for shortcuts in life. We understand the frustration of putting our work out there only to find out someone is taking credit or making money off it without our permission. You may have suspected that you need copyright protection, but do you really? Besides, applying for copyright can be downright confusing.
What exactly is the difference between copyright, trademark and patent? Not sure which one you need, or if you need one at all? Don't know what legal actions you can take when someone copies your art? In this video, we break them down for you.
00:00 Intro
01:00 Agenda
01:20 What is a copyright
02:27 Copyright vs Patent vs Trademark
04:18 Do I need to copyright all my art?
07:18 Sharing my art on social media and the risk of being copied
09:54 How do I get a copyright? (screen shot step by step)
14:03 Copyright infringement
17:02 What did we copyright
18:04 When someone copied Cathy's art to sell
Disclaimer: Although Nam is a licensed attorney in CA, this video is for informational or entertainment purposes only. Should you need personalized legal advice, please consult an attorney or more affordable self-service legal tools like LegalZoom.
A more affordable option if you need help with the copyright application process is LegalZoom. It also includes additional helpful resources on the topic that we couldn't cover in this video.
*Their Copyright registration service can be found here: www.pntrac.com/t/SENJSEpKR09D...
*Their Trademark registration service: www.pjtra.com/t/SENJSEpKR05DS...
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DISCLAIMER: Some links included here might be affiliate links. If you purchase a product or service with the links that I provide I may receive a small commission. There is no additional charge to you. Thank you for supporting Easy Sunday Club and enabling me to provide you with free educational content!
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Cathy is a self taught watercolor artist and businesswoman based in Los Angeles, CA. Easy Sunday Club is a collection of Cathy's watercolor art, and baby/children's soft goods that showcase playful interpretations of subjects in her loose and expressive painting style. Prior to art, Cathy got an MBA and worked in corporate for over 10 years and Nam is an attorney. This channel is our way of giving back to the art community.
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Shop: www.easysundayclub.com
Instagram: / easysundayclub
Clubhouse: @cathyz
Facebook: / easysundayclub
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A full list of tools and equipment we use for art and business is available at our website here: www.easysundayclub.com/pages/...
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Music: In French (Used w/ Artist Permission)
/ infrench
You two are just getting more and more fabulous! Your intelligence is matched by your emotional intelligence. Really clear and thoughtful advice.
That’s so sweet of your Ruth. We’re trying to be ourselves while being helpful.
Thank you for being so generous with your knowledge. I’m new to all of this so it really helps.
You're welcome. Thank you for watching and supporting our channel, Annette!
THIS was really useful, thank you guys. you're there for the artist. when I saw that fox (here) pop up on a T, I was shocked. I remember it on another video of yours. don't want to over do it, but it's like having a pet stolen. I have a Jefferson Airplane T, VOLUNTEERS( LP cover art from 53 yrs. ago) from REDBUBBLE. those models were wearing it. and this video was just as valuable, in fact, fulfilling, to find out how quickly it was straightened out. despite flaws in our system, they can be remedied .
You both are great! Keep doing what you are doing.
Thank you sooooooooooooooo much for this guys. Love from NYC
Great Video! Again - Thank You!
This is great information! I just found your channel and subscribed and now I'm binge-watching your videos. You seem to cover every question I've had as an artist. ;)
Yay! That’s because I’ve experienced all the pain points myself :).
@@EasySundayClub LOL - your pain is my gain! Seriously, thanks for the info.
It angers me...copying my work!! I know it is ridiculous. I'm working on it. Super Territorial. I digress, excellent content. Thanks!
Thank you J Blank :) we will all persevere!!!
I genuinely appreciate the push! New subscriber, the quest ensues. Can I say that, not sure? Anyway. 🙂
this is super interesting to listen to. thank you for putting this information out in the world!
We’re so glad to hear that and know it’s a source of frustration for many artists sharing their work on the web!
I just like listening to you guys for fun. Quite relaxing
Trying to unlock the asmr medal
Wow ! Excellent explanation👏😉 gracias!
De nada de nada!!!
Very informative video. I’ve been binge watching you both today while I draw. You both have much thicker skin than me and I’ll admit that my stomach turned when I saw your fox on that T-shirt. I’ve been in absolute tears and almost nervous breakdowns when my stuff gets stolen. I really like your perspective on things and you’ve made me realize maybe I’m too obsessed about my work getting stolen. It definitely drains me. The issue I take is, these jerks know what they are doing is wrong and they do it anyway. My experience has been that it is sometimes the SAME person doing it. When you have a tight community of fans and customers, you get to know who the trouble makers are. You almost have to put them on a watch list. I wish Redbubble penalized shop owners like this and use their IP so they can’t open up another shop - maybe they do, but I doubt it. I’m truly gutted for you even though you both have been super cool about it! ~ much love!❤️
This is amazing information! Thanks so much very helpful :)!
Muchas gracias!
Thank you for this well-presented information.
Be well Gregory!
This is crazy helpful 🎉❤
This was very helpful thank you.
You’re so welcome!
Thank you!!
You're welcome!
Liked and subscribed. Thank you for all the the info about copyright. You guys are great👍. One question, how do we file copyright for the whole art works? Thanks.
You'll have to do it at the US Copyright site and link is in the video. Thank you.
Thanks
I really love your helpful content for artists. Is very helpful even for us in UK.
That's great to hear! Thanks for letting us know.
you mentioned the worst case scenario would be if someone took your art and you sent them the cease and desist and they responded by saying that it was theirs and then said they would sue you, what would you do then if it was one of the pieces of art that you had not registered for copyright for?
great video !
Thank u Clare!
So for all of my greeting cards, it’s best I copyright it after I’m done writing?
I’m just learning watercolor painting and I have found people on TH-cam or Pinterest showing how to make cards. Is it ok to paint your own version of it and use it in a card?
Depending on how much you copy it you may put yourself at risk of copyright infringement. Be careful :)
Hey suppose someone see some art on any instagram page and then he/she try to make the same themselves .... hopefully they are successful and now they want to create their own page to sale the art what they made..now my question is in this case will copyright issues will they gonna face 👀?
How do we write a copyright policy for our website or online store?
Dont reinvent the wheel. Find an example from a site you respect or like and start from there.
I'm an artist and law student. This is my question:
As a general rule if sth is copied for personal use without any financial gain then you are most likely safe. Something similar also happens when sth is copied for educational purposes. What happens though when you make derivative work without licensing for studying-educational purposes and then you post that work on social media (while crediting the original artist) which results in getting followers and likely work in the long run?
Another question based on the previous one. What happens if you post derivative work without licensing for educational purposes on social media and then get sponsored by let's say Instagram not for the specific derivatives but because of your follower count?
7:10: *Suing Copyright Infringers / Protecting Your Creative Rights:* You DO(!) have the legal & financial “resources” to defend your artwork against copyright infringers *IF(!)* you’ve *“timely”* registered your artwork with the US Copyright Office (EITHER registered BEFORE the infringement begins OR registered WITHIN three-months of its first-publication date -- date of FIRST listing, selling, licensing, sharing, or distribution of the artwork).
If your work has been infringed (copied, stolen, exploited, made into derivatives) and you want money damages (and possible recoupment of your attorney fees) + a copyright infringer is located in the US + is not judgement-proof (has money to pay for damages) + the infringing use does not fall within the scope of Fair Use or another affirmative defense *+ IMPORTANTLY your artwork is timely registered + you have screen-captures or physical evidence of the infringement,* there are copyright litigators (in California + NYC) who will take copyright infringement cases on a *contingency.*
If after 70 yrs after I'm gone, can a family member recopyright my artwork?
What was the cost for international copyright?
There's no such thing as an "international copyright." Each country has their own copyright law or in-/formal registration system, if at all. However, just about all countries belong to the Berne Convention Treaty (no copyright formality is necessary to secure a copyright claim).
@@cnlicnli I see that now but there is an international trademark. Thanks.
*Copyright Proof:* You help PROVE your copyright creation & copyright ownership claims to a federal judge, publishers, the media, copyright infringers, and others by “timely” registering your works with the US Copyright Office (registered as an unpublished work or registered within five-years of first-publication), as that STATUTORILY grants you “prime facie evidence” (“presumptive legal proof”) of your copyright creation and the validity of your copyright registration and its deposit (artwork/s).
If you miss your “five-year presumptive proof” timeframe, you can still register your works! You’ll just have to provide the judge with satisfactory evidence of your copyright creation & ownership claims, and that will likely be challenged by the infringer. It’s just MUCH, MUCH easier to immediately register and statutorily secure your “presumptive proof” copyright claim, as the copyright infringer will have the legal burden to disprove your copyright validity, and that may be hard to do.
It’s not necessarily about having a RAW or original file that necessarily proves your copyright creation. A federal judge MUST see your ISSUED copyright “Certificate of Registration” (or its refusal) to have “legal standing.” Your Certificate will include your “effective date of registration,” the official US government date stamp of your registered copyright claim.
If you’re able to register your works even MORE quickly, you get MORE legal protection against copyright infringers who exploit your artwork without a license. If you’re creative work was “timely” registered (here, registered BEFORE the infringement began or WITHIN three-months of its first-publication date), you have the necessary leverage to push US-based, non-Fair Use, non-judgment-proof copyright infringers to settle out of court; otherwise, (post-trial) they are liable for statutory damages from $750 to $30,000 and up to $150,000 for willful copyright infringement AND your attorney fees AND legal costs (at the court’s discretion).
Without your timely registered copyright claim, you can only pursue “actual damages” (typically the missed licensing fee, and those fees tend to be LOW) and any unlawful profits the infringer made (if any!) - AND you’re responsible for your attorney fees! Too often, the cost to pursue copyright infringers is PRICEY, as any money damages you recover may not cover your attorney fees - that’s why we quickly/immediately register our copyrights!
How long does it take to get the copyright?
Fly The Coop wrote, “How long does it take to get the copyright [registration]?
If there are no issues or mistakes with your (eCO) on-line copyright registration application, it can take three/four weeks to a couple of months to receive your issued *"Certificate of Registration"* in the mail, while it can take MONTHS for paper-filled applications to clear.
I received mine in 4 weeks.
Like the person above me I got my answer and them approved for the first case in 4 weeks. Just make sure you put your work under the correct application.
is it your business that retains the copyright -- or you as an individual?
emmyspoon wrote, “is it your business that retains the copyright -- or you as an individual?”
Either you or your business can retain (your) copyrights. However, if the copyright belongs to the business and your company files bankruptcy, your copyrights may belong to the new owner.
Instead, I would register your copyrights under your name so they solely and entirely belong to you: You created (authored) your copyright work + you’re its copyright owner. You’re BOTH the *“copyright creator”* and *“copyright claimant.”* If you have to, you can “license” your works to your business for limited usage, while you still retain your copyrights.
It’s important to register (protect) your works by quickly registering them with the US Copyright Office.
Copyrite means you may have to sue to protect yourself which cost you money.
if its a comic book do copyright every scene
If you created the ENTIRE contents of your comic book (no co-authors, no licensed material, no AI, no Creative Commons, etc.) and you’re also its copyright claimant and not a corporation or LLC, you can register your entire comic book as a literary work via the on-line $45 *Single Application* (aka “One Work By One Author”). This US Copyright Office links offers more details about using the Single Application: www.copyright.gov/circs/circ11.pdf
@@cnlicnli thanks so i would not have to copyright every single panel as a work of art which would be about 150 individual panels rather i can copyright the whole comic as a literary work even do it contains visual art as well?
@@CHICO-bw8hs You’ve provided me with additional information. If your completed comic book contains 150 panels, you can register the entire contents of your book in one on-line registration application.
You have two registration options: 1) If you believe your comic book is more *visual/artistic (drawings/illustrations)* in nature, then you can register your book as a “visual artwork;” or 2) If you believe your comic book is more *text/story-based* in nature, then you can register it as a “literary work.”
Whichever category you choose, it will cover both your text and drawings. As a general rule, the US Copyright Office allows YOU to determine which category to register your works, unless your selection is incorrect, like you want to register your songs as a visual artwork.
When filling out the on-line “Single Application” (aka “One Work By One Author”), you’ll come to the “Certification” section. Near its bottom, you should see “Note to Copyright Office (Optional)” box. If you wish, you could enter a very brief note (keep it short and simple), explaining that your book is being registered as a literary work rather than a visual work because you feel your text is the most prominent part of your book. If, for some reason, there’s not an option to include a note in the application, you can submit a separate Word or PDF document with your deposit book upload. After uploading your book’s file, upload the document (note to the USCO).
I previously provided you with a link that explains the Single Application (Informational Circular 11). Here’s the video link: th-cam.com/video/MkBiPQNDVBc/w-d-xo.html
If you’re unsure if you’re comic book qualifies for the Single Application, then register your book using the “Standard Application” ($65).
Though it might take a while to get through, if you have questions, you can call the US Copyright Office during regular (Washington, DC) business hours: (202) 707-3000. You can also email them, but it might take a few days to get a reply.