What copyright gives an artist
Copyright protects original works of visual art once they are fixed in a tangible form, whether a painting, photograph, sculpture, or digital illustration. Selling the physical artwork does not transfer the copyright unless a written agreement says so. Commissioned works generally stay with the artist unless there is a written assignment, since work made for hire covers only employees and certain categories of commissioned work. Copyright does not protect ideas, styles, or techniques by themselves, only the specific expression. Material generated by AI without meaningful human authorship cannot be registered, though human contributions to an AI-assisted work may be.
Registration and moral rights
Before suing over a US work, an artist generally needs a registration from the Copyright Office or a refused application, and registering before an infringement begins, or within a set period after first publication, preserves the option of statutory damages and attorney's fees. Photographers and illustrators often use group registration options to manage cost. A narrow federal law gives creators of certain works of visual art, such as paintings and sculptures, rights of attribution and integrity, including in some cases the right to prevent destruction of works of recognized stature. Gather original files, dates of creation and publication, licensing records, and copies of the infringing use.
Fair use and licensing disputes
Fair use is decided case by case. In a dispute over licensing an artwork derived from a photograph for a magazine cover, the Supreme Court emphasized that a use serving substantially the same commercial purpose as the original is less likely to be fair, even if it adds new meaning. Licensing disputes often turn on the scope of use, the media covered, and how long the use was permitted. Before sending a demand or a takedown notice, confirm ownership and registration status. We start with your work, the use you found, and any agreements, then assess options ranging from a licensing negotiation to litigation.
