Photo by Corryne Wooten on Unsplash

Copyright infringement of your artwork tin leave you feeling helpless. Find out what yous can practise about it.

You sit downward at the computer, open up your email, and click on one from your best friend. Your centre immediately drops into your stomach as you lot read, "Isn't this the painting you lot did last yr? Someone else is selling it online!" Shock, anger, and frustration burn through your veins once you realize your artwork has basically been stolen.

It can be a helpless feeling, but there are steps you lot can have toward restitution. So, what do yous do next? Have a look:

Stride one: Do Some Digging

First, ask yourself: what is the actual crime? This will help y'all make up one's mind what path to accept next.

Did someone copy your exact piece, or was information technology but something like? Remember, you can't copyright a certain style or subject, only a last piece of art clarifies artist Suzanne Day in "What To Practice About Online Fine art Theft and Plagiarism." And, as much as we go fastened to our artistic work, like ideas can come to dissimilar people at the same fourth dimension. But expect what happened to writer Nir Eyol.

But, if someone has copied your work exactly, is printing your images on commercial goods, or passing work off as their own ... you should start digging a piffling more than into this theft.

Information technology might be difficult to tell by just looking at a website, merely try to get some details like when they first started using your fine art, how many pieces they take ripped off, and how much profit they have made. This will all come in handy for the adjacent step.

Step two: Make up one's mind What Action is Necessary

After you've gotten the facts direct, decide what type of action is proportional. If the crime is as simple as using an image of your painting in a personal blog, there'south probably no demand to summon a federal judge. Y'all can either inquire that it be taken downwardly or linked to your Artwork Archive Public Page in a caption.

But, if someone else is cashing in big time on the artwork y'all took so much care in creating, it'south time to take legal action.

Step 3: Understand the Law*

Yep, all of your work is copyrighted as presently as information technology'due south created, but actually registering for copyright protection with the U.s.a. Copyright Function is a whole other story, explains consultant Alan Bamberger.

Whether you file before or after your imagery is stolen tin can affect how much y'all are entitled to in compensation.

For instance, Alan explains that if you haven't registered your artwork for copyright protection earlier it gets ripped off, y'all are merely entitled to collect the corporeality of profit the offender made from your art. But, if it was registered beforehand, y'all are entitled to "statutory damages" that could exist total much more than the profit.

Registering your art also makes it easy for officials to tell when your piece of work was created, leaving your offenders in a lurch trying to prove when and where they got the fine art. Without this registration, the burden shifts back to you lot, making it much more hard to bear witness information technology was your artwork first.

Even if you haven't previously registered your artwork for copyright, yous take to register it before bringing a copyright infringement to courtroom.

Step iv: Turn to a Lawyer

If yous've decided you want to move frontward with legal activity, the side by side step is to talk to an chaser about sending your offenders an official stop and desist letter to stop their employ of your artwork and about getting reimbursed for the profit and potentially the damages you lot are owed.

Step 5: Try to Forestall Information technology

Equally the former maxim goes, the best defense is a good criminal offense. Be proactive in keeping your fine art safe from online thieves by trying a few of these tricks:

  • Annals your art with the copyright office in your country. U.S. artists can check out www.copyright.gov for more information.

  • Place a discover on your website that all images are copyright protected, including the copyright symbol (c), the year, and your name.

  • Apply sites like Artwork Archive that downsize your public-facing images (and continue your loftier-res images stored privately for you) to prevent replication.

  • Follow these crediting tips from Art Biz Bus Alyson Stanfield.

While these actions are non 100 percent foolproof, it does show potential thieves that you are serious about the matter and helps you gather proof if you lot always need to settle a copyright thing in courtroom.

What'southward the bottom line?

Realizing your art was taken without permission tin get out y'all feeling sick to your stomach. Yous spent so much fourth dimension creating your work and trying to share it with the world, you should be the i receiving all of the accolades and turn a profit. The key to dealing with copyright infringement of your art is to keep a level head and decide what the all-time grade of activeness is for the criminal offense. Just don't be afraid to demand what yous deserve.

*Legal Disclaimer: Delight note that this commodity should non be construed every bit legal advice, and Artwork Archive will not exist held responsible for whatever legal activeness resulting from reading this commodity. If you lot have whatever legal questions, please consult an attorney.