I recently spoke about copyright law with members of the Washington Sculptors Group. Pondering copyright law as it applies to visual artists made me think that a review of how to place copyright notice on fine art might be useful.
Here’s an example of a proper copyright notice:
Although Copyright Notice Is Not Required, It’s a Good Idea
Works published on or after March 1, 1989, are not required to have a copyright notice. However, it’s a good idea to include a notice anyway because notice provides several benefits including: informing the public that the work is copyrighted identifying you as the owner showing the year of first publication preventing an infringer from claiming he did not realize the work was protected by copyright
Where Should You Place Copyright Notice On a Painting or Sculpture?
Generally, copyright notice should be placed in a location where it can easily be seen. It’s easy to figure out where to place the copyright notice on a CD, a book, or a webpage. The appropriate location for copyright notice is perhaps less obvious for a sculpture or fine painting.
Fortunately, Copyright Regulation 201.20 provides some guidance:
-
For a two-dimensional work such as a painting, you can place the copyright notice on a label that’s cemented, sewn, or otherwise attached to the front or back of the work or to any backing, mounting, matting, framing attached to the work.
-
For a three-dimensional work such as a sculpture, you can also use a label placed directly on the work, or placed on any base, mounting, framing, or other material attached to the work.
-
If it’s impossible or impracticable to use a durable label, you can place the copyright notice on a tag that is then attached to the work.
