If you plan on making art sales online, it is a good practice to put a copyright on it, as it protects your work.
Copyright is one of the most important practices that make sure that you are protecting your work in the financial aspect.
It literally protects your creation by making sure that others do not exploit your creativity without letting you receive payment.
In the current era where art spreads in seconds, copyright practices ensure that there is accountability regarding payment and recognition.
It alienates the possibility of exploitation of your creativity.
What Does Copyright Mean with Respect to Your Art?
Copyright gives you a wide array of rights on your piece of artwork. It provides a legal guarantee of your ownership of an artwork.
Once your art is created and saved in a permanent form—like a painting, photo, or digital file—it’s automatically protected.
Your art cannot be copied or have any modifications to it without consent from you.
For your art to be copyrighted, it needs two things:
Originality: Your artwork needs to be something you created on your own, with your own unique touch—nothing copied from others.
Fixation: Your work must be in a form that lasts, like a canvas, a digital file, or a sculpture—something that can be seen or shared.
Copyright is different from trademarks or patents.
Trademarks protect logos and brand names, while patents cover inventions.
Copyright, on the other hand, protects how your ideas are expressed—your unique style or creation—but not the idea itself.
Having a copyright means you get exclusive rights to your art, like being the only one who can sell, share, or change it.
This gives you the power to control your work and make money from it while keeping others from using it without permission.
Aside from legal protection, registering your copyright can also help you make more money.
It lets you license or sell the rights to your work, opening up new income streams.
Plus, it proves you’re the owner, which helps protect your reputation and shows that using your art without permission can lead to serious trouble.
How to Copyright Your Art for Online Sales
Step 1: Create and Document Your Artwork
To begin with, remember your work needs to be original in some form, such as a digital file, a photo of a sculpture or painting, so you can prove it.
The most important factor here is that you need to have copyright protection alongside proof of ownership, which is gained through signing the creation, setting the date, and keeping a log of the entire creative process.
All this documentation strengthens your claim as creator.
Step 2: Understand Copyright Laws and Global Protection
Take a moment to understand the copyright laws that apply to you. Don’t worry, it’s not hard!
It is safe to assume that most countries are members of the Berne Convention.
This means that once you copyright your art in your country, it is internationally protected.
That means your art enjoys global protection. How cool is that!
Step 3: Register Your Artwork
Remember that copyright protection automatically applies once something is created, but it is always best to register your art with an official copyright body like the U.S.
Copyright Office. Registration definitely has its perks; if someone steals your work, registration allows you to take them to court.
Follow these simple steps:
1. Go to the copyright office’s official website.
2. Complete an application form (for visual arts it is straightforward).
3. Send copies or photographs of your artwork.
4. Pay a small fee (usually between $35 and $125)
And before you know it, you will receive an official copyright certificate!
Step 4: Protect Your Art with Watermarks and Digital Tools
While selling artwork online, the addition of a watermark (visible or hidden) serves as a protection mechanism against image theft.
You may also protect your digital art with tools that restrict others from copying or downloading it without authorization.
Step 5: Add Copyright Notices and Disclaimers
You can clarify your copyright ownership by including “© [Year] [Your Name] All Rights Reserved” along with the art. This is great for online sales.
It is equally helpful to add disclaimers detailing in what legal ways an individual can utilize your art.
This works to minimize misunderstanding of your rights.
Copyright Registration Process for Artists
Copyright comes into play automatically as soon as you make an original piece of artwork.
You are its owner, regardless of whether it’s a tangible painting or a digital file.
However, while copyright comes without charge, registering it offers incredible benefits if you ever seek legal action to defend your art.
How to Register Your Art for Copyright Before Online Sales
Make Sure Your Art Is Eligible
To register your artwork, it has to be original and fixed in some way—whether that’s a physical piece (like a painting or sculpture) or a digital file (like a photograph or digital drawing).
Find Your Country’s Copyright Office
All countries have copyright offices where you can register your art for sales either online or physical.
If you’re not sure, just search for “[your country] copyright office” online.
Create an Account and Prepare Your Info
Most countries offer online registration. You will have to:
Complete an application regarding the artwork (title, the name of the copyright holder, and the date of creation).
Provide a copy of the artwork (digital file or physical copy).
Supply any proof to identity (if needed).
Submit Your Application and Pay the Fee
Once your application is ready, you’ll submit it online or by mail. The registration fee can range from $35 to $125 in the U.S., but fees vary by country.
Be sure to pay the fee when you submit the form.
Wait for Your Certificate
After submission, expect to be issued a certificate after a few days or up to a few months given registration is successfully processed and the certificate to copyright ownership is accessible.
Why Registering Is Worth It
Proof of Ownership: It’s the easiest way to prove that you created the work.
Legal Protection: If someone steals your art, you can take them to court and ask for damages.
Public Record: It lets everyone know your art is yours, which helps stop theft.
Worldwide Protection: Thanks to international treaties, registering in one country can help protect your art globally.
What Can Be Copyrighted?
Copyright protects a wide range of creative works, as long as they are original and in a fixed form.
Here’s a quick rundown of what can be copyrighted:
Artwork: Paintings, drawings, sculptures, and murals.
Photography: Photos, whether taken on a camera or smartphone.
Digital Art: Things like digital paintings, illustrations, and graphic designs.
Comics and Cartoons: Comic strips, cartoons, and other graphic stories.
Designs: Jewelry designs, textile patterns, or architectural blueprints.
Applied Arts: Designs on things like fabric, clothing, and stickers.
Technical Art: Diagrams, maps, charts, and technical drawings.
Audiovisual Works: Movies, videos, and animations.
What Can’t Be Copyrighted?
There are some things that copyright won’t protect but can affect your online art sales:
Ideas and Concepts: Copyright only protects the expression of an idea, not the idea itself. So, your concept for a painting isn’t protected, but the actual painting you create is.
Titles and Phrases: Short phrases, titles, or slogans aren’t covered by copyright.
Common Shapes and Symbols: Simple shapes or standard symbols (like hearts or arrows) aren’t copyrighted.
Unfixed Works: A dance or performance that’s not recorded or written down doesn’t qualify for copyright.
Folk Art: Traditional cultural works that are not original enough or fixed in a tangible form won’t be protected.
How Digital Art Is Treated
Digital art, like digital paintings, graphic designs, or even photos, is fully protected by copyright—just like traditional art.
If your digital work is saved as a file (like a JPEG or PNG), it’s protected.
This includes:
Digital illustrations and graphics
Photos taken with digital cameras or phones
3D models and digital sculptures
How to Protect Your Art While Selling Online
1. Keep Track of Your Creative Process
Document your journey—sketches, drafts, and dated files are your proof that the art is yours. If anyone ever questions ownership, this could be your best defense.
2. Add Watermarks and Signatures
Put your mark on your work—literally! Watermarks, signatures, or your logo on digital images make it clear the art belongs to you and stop people from stealing it.
3. Upload Lower-Resolution Images
Share smaller, lower-quality images online. This way, people can still see your art, but it’s harder for them to steal a high-quality version.
4. Disable Right-Click and Download
If you’re selling art through your website, use tools that prevent visitors from right-clicking and downloading your images easily.
5. Keep an Eye Out for Misuse
Google your art now and then to see if anyone’s using it without permission. If you find someone doing that, you can send them a cease-and-desist letter or even file a DMCA takedown request.
The Role of Licensing Agreements and Contracts
1. Be Clear About Licensing Terms
When you sell or license your artwork, have a clear agreement that spells out how the buyer can use your work. This keeps everything legal and protects your rights.
2. Always Use Contracts for Sales and Commissions
No verbal agreements! Get everything in writing, especially for commissioned work. Include the payment, the usage rights, and the deadlines.
3. Keep the Copyright When You Can
Instead of handing over full ownership, consider licensing your art. This way, you maintain control and can even make money from it later through royalties.
4. Include Disclaimers
Add a reminder in your sales descriptions and contracts that unauthorized use of your artwork is a no-go and can lead to legal action.
Using Online Platforms Safely for Selling Artwork
1. Pick Platforms That Respect Your Rights
Go for platforms like Etsy or Saatchi Art that protect your intellectual property and give you tools to keep your art safe.
2. Read the Fine Print
Before you upload your art for online sales, read the platform’s rules about copyright. Some sites may use your images in ways you don’t want, so it’s best to know what you’re agreeing to.
3. Use Built-In Protection Features
Many platforms offer tools like watermarking or limiting downloads. Take advantage of these features to keep your work safe.
4. Secure Your Accounts
Set up strong passwords and turn on two-factor authentication for your art sales accounts. It’s a quick way to avoid unwanted access to your work.
5. Make Sure Payments Are Secure
Always use trusted payment processors and make sure your site is secure with HTTPS. This protects both you and your customers’ info.
Tips on Digital Rights Management (DRM) for Digital Art
1. Use DRM Tools or Plugins
There are tools that can lock down your digital art files so no one can easily copy or share them. Some platforms offer this built-in, too.
2. Watermarks as a Simple DRM
Watermarks do double duty—marking your art as yours while also acting as a simple form of digital protection.
3. Offer Secure, Licensed Downloads
If you’re selling digital art, make sure the download links are secure. You can also limit how many times the file can be accessed or shared.
4. Use Digital Certificates for Proof
Some advanced DRM tools offer certificates that prove your art is authentic, which can help if you ever need to prove ownership in court.
5. Keep Your DRM Updated
Just like any software, DRM tools need updates to stay effective. Regularly check your tools and keep an eye out for unauthorized copies of your work.
Dealing with Infringement of Your Artwork
What to Do if Someone Uses Your Artwork Without Permission
If you find out that someone is using your artwork without your consent, don’t panic.
The first thing to do is gather evidence. Take screenshots, save links, and make note of when and where your artwork is being used.
While having a copyright registration can strengthen your case, it’s not a must to prove your rights.
Just keeping records of your creative process and original files will help show that you own the art.
Once you have the evidence, reach out to the person or platform using your artwork.
Be polite but clear—let them know that they’re using your art without permission, and ask them to take it down.
Sometimes, people don’t realize they’re infringing, so a friendly message can often solve the problem.
If they ignore you or continue using your work, you might need to take a stronger approach, like sending a cease-and-desist letter.
This letter tells them to stop using your art immediately. If you’re not sure how to word it, consider asking a lawyer to help you draft a legally sound letter.
How to File a DMCA Takedown Notice
If the infringement happens online, especially on social media or websites, you can file a DMCA (Digital Millennium Copyright Act) takedown notice.
This is a formal request to the platform (like Instagram, Etsy, etc.) to remove the unauthorized content.
Most platforms have an easy process for filing these notices. You’ll need to provide:
Your contact information
A description of your artwork
The URL where the infringing content is located
A statement saying you believe the use is unauthorized
A declaration that everything you’ve said is true
Filing a DMCA notice is usually a quick way to get the content removed without needing to take legal action.
When and How to Get Legal Help
If reaching out to the infringer and filing a DMCA notice doesn’t work, or if the infringement is serious, it’s time to consult a lawyer.
An intellectual property attorney can help you understand your legal options and, if necessary, take action to protect your rights.
This could involve filing a lawsuit or seeking damages.
Proving Ownership and Keeping Records
To prove that your artwork is yours, keep good records.
This includes things like:
Original sketches or drafts
The date you created your art
Any copyright registration paperwork (if you’ve registered it)
Contracts or agreements related to your work
These records are crucial if you ever need to prove ownership or take legal action against someone infringing on your art.
Tools and Resources to Help Protect Your Art Online
Platforms for Protecting Your Art and Selling It Safely:
Creative Commons: This lets you decide how others can use your work while still keeping the copyright. It’s great for sharing and collaborating legally.
Artwork Archive: A handy tool where you can register and track your copyrights, keep track of sales, and build a professional portfolio online.
Binded Blockai: This cool service uses blockchain to register your artwork, creating a digital record that’s pretty much impossible to mess with.
Rights International Inc.: They help find and stop people from using your images without permission online, so you don’t have to do it alone.
Online Marketplaces (Etsy, Saatchi Art, Artfinder): These platforms help you sell your art and come with some built-in protections, like takedown requests, to keep your work safe.
How to Keep an Eye Out for People Using Your Art Without Permission:
Google Alerts: Set up alerts for your name or your artwork’s name so you’ll get notified if anyone’s using your work without asking.
Reverse Image Search (Google Images, TinEye): Upload your art and see if it’s being used somewhere else on the internet.
Copyright Monitoring Services: Services like Rights International or Pixsy can help track down where your art is being used and take action when needed.
Social Media Monitoring Tools: Platforms like Brand24 or Mention help you track when your artwork is shared on social media without permission.
Conclusion
Protecting your art with copyright is super important to make online sales smooth.
When you understand what copyright is, register your work, and use simple tools like watermarks and licenses, you can keep your art safe from theft.
You can also use tools to track and protect your rights.
Taking these steps not only keeps your art secure but also helps you earn money and stay protected legally, giving you the confidence to sell your art online without worry.