How to safeguard your artwork from thieves, pirates and other unscrupulous industry players.
My name is Attorney Scott and I practice in Los Angeles, California. My firm, the Doniger Law Firm APC [www.donigerlawfirm.com] specializes in representing artists and companies in resolving the disputes that arise in the creative industries. Artists are often unaware of what their rights are under the law and face obstacles in enforcing their rights when someone infringes their works. One of the most common problems we encounter is the theft of graphic artworks. A couple such scenarios are as follows:
Scenario #1: An up and coming, artist-driven brand provides a line sheet showcasing its new designs to a potential buyer. The buyer passes on purchasing goods from this company, instead opting to simply steal the art and reproduce it as part of its own line.
Scenario #2: An artist posts his work online, noting on the body of the website that the works are owned by the proprietor of the site. A few months later, shirts and hats bearing the works show up in a retail chain store.
These are just two of a number of different ways artists get ripped off and both of scenarios are totally illegal. Too often the creative expression of the artistic community is exploited for profit without credit or compensation being paid. Yet, this doesn’t have to be the case. Taking the time to legally protect your work, and then prosecuting any would-be thieves, can help put a stop to this sort of behavior.
1. Register Your Work
In the United States, once you have created something that is tangible (such as drawing a picture, taking a photograph or sculpting a statute), you automatically have what is known as “common law” copyright protection. This means that if you can prove you published that work by distributing it to others, and someone copied it, you can recover damages from this copier. However, you are only allowed actual damages (the money the copier made off of the copies and any money lost by you as a result of the copying) if you did not hold a copyright registration when the copying occurred.
If you take the additional step of registering your work with the Copyright Office, you can recover increased damages from any infringer, including your attorneys’ fees. Filing a copyright registration is not complicated, and carries a relatively nominal fee and the protection you receive is more than worth the amount. It will give you peace of mind knowing that there is a public record of your creation of a piece of art, especially if you are distributing it to multiple parties in search of buyers, investors or collaborators.
2. Monitor for Infringement and Attempt to Resolve any Dispute
Keep an eye out for thieves! If you see someone that has stolen your work, contact your attorney immediately. Your attorney will issue a cease and desist demand to the infringing party. At this point it may be possible to discuss an arrangement, such as a royalty payment, to resolve the dispute. With the advent of the internet, where many retail stores maintain an online presence, it is easier than ever to identify potential infringers. You can review the sites of companies to which you have provided samples, or sites of old collaborators, to see if they have “borrowed” any of your work.
3. If all Else Fails, Litigate
If you are unable to resolve your dispute with the thief, the next step is to file a copyright infringement lawsuit. In order to do so, you must have a registration (see #1). Even if you did not have the registration prior to the infringement, you must apply for one after the infringement in order to file your case. The Court will assist in resolving the issue, either informally, or through a trial.
If you have any questions regarding the law as it applies to fashion, please feel free to contact me at scott@donigerlawfirm.com
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