Thursday, July 4, 2024

The real Scoop on our Artist copyrights !!

I talk a lot about our artists copyrights on my blog. I have been using a term "don't waste your 150 year copyright" on here, and probably social media over the last year or so. Especially since establishing my eCommerce site, Dream Big Artworks. Only God Knows were I got it from.... 


Thanks to a video link on the subject sent to me by Old Town Editions. The real scoop is, it's only during our life time plus 70 years. Still a longtime, so don't waste it!

The accurate information is as follows:

  1. For works created on or after January 1, 1978: Copyright protection lasts for the life of the author plus 70 years.
  2. For works created before January 1, 1978:
  • Works created before 1924 are in the public domain.
  • Works created from 1924 to 1977 are protected for 95 years from the date of publication.
  • Works created and published before 1978 but after 1923 are generally protected for 95 years from the date of publication. 

Copyright on Reproductions:

  1. Reproduction Rights: The creator of an original work holds the exclusive rights to reproduce their work. This means only they (or those they license) can legally make copies of the original work.
  2. Duration: The copyright duration for reproductions follows the same rules as the original works. For works created on or after January 1, 1978, the copyright lasts for the life of the author plus 70 years. For older works, the duration can vary as previously describe.  

Using Reproductions:

  1. Permission: To reproduce or distribute copies of an original work, you generally need permission from the copyright holder. This includes making prints, digital copies, or any other form of reproduction.
  2. Licensing: Copyright holders can license their works, allowing others to reproduce them under certain conditions. Licensing agreements specify the terms under which reproductions can be made and distributed.

Public Domain:

  1. Works in the Public Domain: If the original work is in the public domain (e.g., works published before 1924), anyone can reproduce it without needing permission.
  2. Photographs and Scans of Public Domain Works: Photographs or scans of public domain works do not create a new copyright. However, creative enhancements or modifications to such reproductions might be protected.

Fair Use:

  1. Fair Use Doctrine: In some cases, reproducing a copyrighted work without permission may be considered fair use, especially for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. However, fair use is a complex legal doctrine with specific criteria, so it’s advisable to consult legal advice before relying on it.

Practical Steps for Reproductions:

  1. Obtain Permissions: If you wish to reproduce and sell prints or digital copies of an artwork, ensure you have the proper permissions or licenses from the copyright holder.
  2. Credit the Artist: Always give appropriate credit to the original artist when reproducing their work, even if it's in the public domain.
  3. Consult Legal Advice: For complex situations or large-scale reproductions, consulting with a copyright attorney can provide clarity and ensure you comply with all relevant laws.

There you have it!

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