Monday, October 20, 2008

Copyright Your Sculpture?

To Copyright or Not to Copyright your sculpture, that is the question! Recently I have been following issues regarding sculpture being copied, marketed and produced without any regards to the sculptors' copyright! Should sculptors go to the expense of copyrighting their works, the answer is a Definite Yes, for without a copyright in place you do not have a means of recourse if your work is illegally copied or reproduced. The task of pursuing a copyright infringement is a daunting one and will require the assistance of a Lawyer who specializes in the field, if the infringement is overseas then the process becomes even more complicated requiring legal services in that country also. Having a copyright on your sculpture will at least provide a chance for putting a stop to the infringement and the possibility of monetary compensation.

Here is a scary thought! If you do not copyright your work and it is copied and reproduced, that artist can file a copyright on the work and.............Here It Comes! Claim that you have violated his copyright suing you for copyright infringement!!

How to copyright your work!

1. Take good photos of your work from various angles.
2. Go online to the U.S. Copyright Office
3. Down load forms to submit by mail $45. or use the Electronic Copyright Office $35.
4. It only takes 15 minutes to submit your copyright electronically.
5. I advise taking the ECO Tutorial before starting to fill out the actual copyright!

What Sculpture is to a block of marble, education is to the human soul.” Joseph Addison


Anonymous said...

I'm curious as to whether a sculptor can copyright a collection or series of pieces vs. individually. Any advice or insight would be helpful.

David said...

You can copy right an edition, say ten of the same sculpture with one copyright, but you have to place an individual on individual works not listed as an edition. If on the other hand you put five different sculptures together and sold them as a unit you would only need one copyright to cover all five.

Anonymous said...

I wish you had done better research before stating your claims above: A work is automatically copyrighted as soon as it is created. "and a work is “created” when it is fixed in a copy or
phonorecord for the first time." When a sculpture is taken from idea and actually physically produced, then it is fixed in a copy. This alone gives you the right to sue for infringement and can force someone to stop stealing your work. By registering your copyright, however, you have additional recourse such as monetary damages, etc.

Anonymous said...

^Berne Convention;

Unknown said...

Its very new to me..what is meant by copyright to sculptors??whether we have to get registered.I apologize that i couldn't get clear about your topic.Thats why am asking about it..


Unknown said...

Hi there: I am curious to know how one goes about finding the authenticity of a copyright that is stamped on a sculpture. I have search the copyright records for the name of the assumed sculpture and the name of the sculpture itself but turned up nothing.
The sculpture that I am talking about is the Jared Sidney Torrance (bust) by Richard Wade, copyright 1985 (engraved in the bust). It is perched in front of the Torrance Historical Museum in Torrance, California. The museum coordinator, MS. Janet Payne does not allow the statue to be photographed for public use and is overly concerned about it. Anyone who has any knowledge of the statue or the sculptor please let me know. RON@RLMJ.US