I recently spoke about copyright law with members of the Washington Sculptors Group. Pondering copyright law as it applies to visual artists made me think that a review of how to place copyright notice on fine art might be useful.
Here’s an example of a proper copyright notice:
Although Copyright Notice Is Not Required, It’s a Good Idea
Works published on or after March 1, 1989, are not required to have a copyright notice. However, it’s a good idea to include a notice anyway because notice provides several benefits including:
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informing the public that the work is copyrighted
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identifying you as the owner
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showing the year of first publication
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preventing an infringer from claiming he did not realize the work was protected by copyright
Where Should You Place Copyright Notice On a Painting or Sculpture?
Generally, copyright notice should be placed in a location where it can easily be seen. It’s easy to figure out where to place the copyright notice on a CD, a book, or a webpage. The appropriate location for copyright notice is perhaps less obvious for a sculpture or fine painting.
Fortunately, Copyright Regulation 201.20 provides some guidance:
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For a two-dimensional work such as a painting, you can place the copyright notice on a label that’s cemented, sewn, or otherwise attached to the front or back of the work or to any backing, mounting, matting, framing attached to the work.
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For a three-dimensional work such as a sculpture, you can also use a label placed directly on the work, or placed on any base, mounting, framing, or other material attached to the work.
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If it’s impossible or impracticable to use a durable label, you can place the copyright notice on a tag that is then attached to the work.
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