Research Guides: Visual Arts Copyright and Digital Documentation: What is Copyright?

Understanding Copyright Basics

What is Copyright?

Copyright is a form of intellectual property protection granted by U.S. law to creators of "original works of authorship." Copyright protection is automatic from the moment you create your work in a fixed, tangible form.

What Qualifies as an "Original Work"?

For copyright protection, your work must be:

Independently created (not copied from other works)
Possess at least a minimal degree of creativity (artistic choices in composition, color, perspective, or arrangement)

**What is and is not protected by copyright.**
Protected	Not Protected
Your finished paintings, illustrations, sculptures, photographs, digital art, and other visual works	The themes, concepts, styles, or techniques you use

Duration of Copyright Protection

For works created after January 1, 1978:

Individual creators: Life of the artist plus 70 years
Works made for hire: 95 years from publication or 120 years from creation, whichever expires first
Joint works: 70 years after the death of the last surviving author

For works created before 1978, duration rules are more complex and depend on publication status and other factors. As of 2025, anything published before 1930 is in the public domain.

Registration vs. Automatic Protection

While copyright protection is automatic, registering with the U.S. Copyright Office provides important advantages:

Creates a public record of your copyright claim
Allows you to file an infringement lawsuit
Enables you to claim statutory damages without proving actual damages (if registered before infringement or within 3 months of publication)
Possibility of recovering legal costs if you win a case
Establishes presumption of validity in court if registered within five years of publication

Your Rights as an Artist

As a copyright owner, you have five exclusive rights under Title 17 of the U.S. Code

**What rights do copyright owners have?**
Rights	Your Controls	Others Cannot
Right to Reproduce	You alone can make copies of your painting, whether as prints, in catalogs, or as digital images.	Someone cannot scan or photograph your artwork and make copies without your permission.
Right to Distribute	You control how your artwork is sold, shared, or distributed to the public.	A gallery needs your permission to sell limited edition prints of your sculpture, and a publisher needs your authorization to include your illustration in a book.
Right to Display	You control when and where your work is exhibited.	A company cannot use your painting as decor in their commercial showroom without your permission, even if they legitimately purchased the physical artwork.
Right to Perform	You control when video art, installation, or other type of visual art performance happens.	Someone cannot project your digital art installation at a public event without authorization.
Right to Create Derivative	You control when and where your work is exhibited.	If someone wants to create merchandise featuring your character designs, modify your photograph for a poster, or use your painting as the basis for another artwork, they need permission.

Copyright Myths vs Reality

Copyright myths persist widely among artists and creators, often leading to misunderstandings about legal protections.

**What are some copyright myths and realities?**
Myth	Reality
"I need to use the © symbol for protection"	The © symbol is optional in most countries, though still recommended as a deterrent
"I can't copyright my style"	Correct - copyright doesn't protect styles or techniques, only specific expressions
"If I post my art online, I lose my copyright"	Posting online doesn't void copyright, though it may increase risk of unauthorized use
"If someone changes my work by 10-20%, it's no longer infringement"	There is no fixed percentage rule - the legal test is "substantial similarity"

Visual Arts Copyright and Digital Documentation

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