How can I protect my copyrights on an artwork?
April 26, 2022 | 40,00 EUR | answered by Alice Falk
Dear Mr. Lawyer,
I recently created a piece of artwork that I have invested a lot of time and effort into. It is a painting that is very dear to me and that I would like to protect. I have already posted some images of it on my website and social media to show it to other people and maybe even sell it. However, I am worried that my artwork could be copied or even stolen without my permission.
As an artist, it is very important to me that my work is respected and my copyrights are upheld. I want to make sure that no one reproduces my work or uses it for commercial purposes without my consent. Therefore, I am wondering how I can effectively protect my copyright in my artwork. Are there specific measures I should take to protect my work from theft or unauthorized use? What legal remedies are available to me to enforce my copyright if there is a copyright infringement?
I would greatly appreciate your professional advice and support on this matter. Thank you in advance for your help.
Sincerely,
Siegfried Hacker
Dear Mr. Hacker,
Thank you for your inquiry regarding the protection of your copyright in your artwork. As a lawyer specializing in copyright law, I understand your concerns and will gladly help you in protecting your artistic work to the best of my ability.
First and foremost, it is important to emphasize that your artwork is automatically protected by copyright as soon as it exists in a tangible form. This means that as the creator, you automatically have exclusive rights to the work, such as the right to reproduction, distribution, and public display. This protection generally lasts for the author's entire lifetime plus 70 years after their death.
To ensure that your artwork is properly protected, I recommend taking the following measures:
1. Mark your work with the copyright symbol (©), your name, and the year of creation. This signals to others that it is a protected work.
2. Register your artwork with a copyright office, such as the Copyright Office in the USA or GEMA in Germany. Registration will provide you with an official proof of your authorship.
3. Enter into written agreements when showing or selling your work to others. In these contracts, you can specify the use and distribution of your work.
If a copyright infringement does occur, you have various legal remedies available to enforce your rights. You can send a cease and desist letter, assert claims for injunction and removal, or even claim damages. In serious cases, criminal prosecution for copyright infringement may also be considered.
It is important that you act quickly in the event of a copyright infringement and seek legal assistance to effectively defend your interests. I am available to advise and support you in this matter.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Alice Falk
Copyright Lawyer
