Is it necessary for an artist to copyright his work?
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Is it necessary for an artist to copyright his work?
I am an artist and vendor for a large retailer. My work, that I was wholesaling
to them, was recently copied and sold by another vendor for the same
retailer. Should I have copyrighted my artwork? Would it benefit me now to
do so?
Asked on September 1, 2016 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the piece was not specifically commissioned by the retailer and/or you were not an employee, you automatically had copyright by the act of creating: every original graphic (or textual) work is copyrighted by dint of being created. Copyright it--that is, registering copyright--adds to the protection, but you have a base level of protection without it just by originating the work. So you could sue the copier for copyright infringement.
If the work was commissioned by the retailer and/or you were their employee (not an outside artist who sells some works to them), then the retailer owned the copyright as work for hire; it's up to the retailer what to do with the work (e.g. to let another copy it) and potential copyright violations.
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