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Copyright - A Few Words on Copyright Laws
General Information
All artwork is protected by copyright. Any reproduction, modification, publication, transfer, transmission or exploitation of any of the content or service, whether in whole or in part, without the express written permission of the artist, Michelle Harris-Clark, is prohibited. All rights reserved.
Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including “pictorial, graphic, and sculptural works.” The owner of copyright in a work has the exclusive right to make copies, to prepare derivative works, to sell or distribute copies, and to display the work publicly. Anyone else wishing to use the work in these ways must have the permission of the author or someone who has derived rights through the author.
Copyright Protection Is Automatic
Under the present copyright law, which became effective Jan. 1, 1978, a work is automatically protected by copyright when it is created. A work is created when it is “fixed” in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection under the present law.
See note below for specifics.
Moral Rights For Visual Artists
For certain one-of-a-kind visual art and numbered limited editions of 200 or fewer copies, authors are accorded rights of attribution and integrity. The right of attribution ensures that artists are correctly identified with the works of art they create and that they are not identified with works created by others. The right of integrity allows artists to protect their works against modifications and destruction that are prejudicial to the artists’ honor or reputation. These rights may not be transferred by the author, but they may be waived in a written instrument. Transfer of the physical copy of a work of visual art or of the copyright does not affect the moral rights accorded to the author.
NOTE: Before 1978, federal copyright was generally secured by the act of publication with notice of copyright, assuming compliance with all other relevant statutory conditions. U. S. works in the public domain on January 1, 1978, (for example, works published without satisfying all conditions for securing federal copyright under the Copyright Act of 1909) remain in the public domain under the 1976 Copyright Act. Source of information: Circular 96, Section 201.25, "Visual Arts Registry" and Art Resources - Copyright Information.
Please do not submit comments through this item at this time. Thank you.
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