getting an image copywrited

[Animematt55]

Ok, so i paid for a commission from someone, and iwant the picture to be copywrited....How do i go about this?

[Leader Desslock]

You commissioned someone to do a work for you, you paid them for that work, and now you want to copyright it? Is that what you're saying?

Copyrighting is as easy as slapping the little (C) on the work, but I'm curious: Whose copyrights are you looking to secure? The author's? Why didn't the author copyright his own work?

Or are you saying, "I want to copyright the work I paid for to me?" If so, did the contract between you include signing over all the rights to the work to you? Or was it specified as 'work for hire', by the technical legal definition of that term?

If not, then.... why do you think you hold the copyrights?

I think maybe I don't understand what you're asking.

[Shiroiyuki]

I believe he is asking how to get the picture that he had commissioned from someone copyrighted for his use only. Animematt: Did you want to put this picture on a website or something?

If so, you probably don't need to get it copyrighted, since the process is long and costs money (probably even more than you paid for the piece to begin with). Just do what Dess said and put a © symbol near your picture so that no one feels compelled to steal it. You've already paid for the piece of artwork--so in that sense it is yours to use as you will. If you are afraid of others stealing it--just put an html code on the website (if you are planning on using it for a site) that prevents right-clicking so no one can save the picture. *Shrugs* I've done commissioned pieces before--with the mutual understanding that the picture I do for the customer becomes theirs once the transaction is completed. Is that what you are worried about? The artist wanting the picture back, or using it elsewhere without your permission?

[Leader Desslock]

Do pictures work differently than other forms of creative expression?

To my knowledge, once a creator makes a work (art, fiction, movie, whatever), the creator implicitly holds the rights to that work. In other words, you don't 'get something copyrighted' - it just IS, and it was the moment the author created it. As long as the creator doesn't sign away any of those rights, they reserve them. To prevent someone from 'accidently' believing the work is public domain, the Copyright symbol and date are placed on the work somewhere (often with the original holder's name), and that's about all there is to it.

All rights from that point on are contractually signed away upon. So if you commission a work and say, "I'd like to purchase the all rights to this image", then you can do that, generally for a hefty fee if your artist/photographer/writer has any experience.

Merely commissioning a work does not grant full rights, however. Say I approach a local artist and have them paint me a specific picture. I pay the artist and that picture becomes mine. The right to display that picture in my own home (and other fair use) is implied, but I certainly don't have anything like distribution rights. I can't make copies of the picture and sell/distribute them, since the original artist retains the rights to his work. Without the original artist's permission (which may have been purchased as part of the commission contract), I can't do anything with the picture except own and display it privately.

The notable exception to this would be 'works for hire', which are works created as part of a regular position, generally. Writers and photographers for periodicals do a lot of 'work for hire' content. When a writer for the New York Times writes an article for the paper, that writer's employment contract generally states that the articles that author creates are 'works for hire', for which the newspaper holds the copyrights. A lot of commercial writing/photography/artwork is done this way in different sections of the publishing industry, in my experience. Same with advertising - a company will pay an ad firm to make a corporate logo, and as part of the contract for creating that, the contracting company gets the rights to use the image as a 'brand'; the ad firm doesn't maintain full rights to the image and sign off for each new use.

So it all comes back to:

1) What did the contract stipulate regarding the work?
2) If there was no contract (foolish), then what was agreed upon and how? What was the context in which the work was done?

If there was never a discussion of the rights to the image being transferred, then... SOL, dude. You can try to get the artist to sign them off after the fact, maybe. Good luck.

[Shiroiyuki]

The right to display that picture in my own home (and other fair use) is implied, but I certainly don't have anything like distribution rights. I can't make copies of the picture and sell/distribute them, since the original artist retains the rights to his work.

Well, you'd have to work that out with the artist beforehand. Me, I'm a pretty decent girl--I get paid to paint someone's portrait, it is theirs. No questions asked ^_^. I don't expect to hold all rights over it forever if they paid me for it--they can use it how they wish. Display it, sell it off later on, burn it...heck if it is theirs now, I don't really care what they do with my artwork once I receive my payment. Hell, I do artwork for free in most cases--and still give it to people without expecting much in return. Now, the reproducing of my artwork is.....well questionable. If they are going to be putting it in magazines all across the country--profiting off of it--as long as they give me credit for originally making it I'm fine. However--If I find out they are trying to pass it off as their own work, then I'd be pretty upset. UGH. Seriously though, all artists work differently....depends on the person.

*shrugs*

[Leader Desslock]

If they are going to be putting it in magazines all across the country--profiting off of it--as long as they give me credit for originally making it I'm fine. However--If I find out they are trying to pass it off as their own work, then I'd be pretty upset. UGH.
My point exactly. Whether you pursue your rights or not is up to you, but you do HAVE rights unless you've explictly signed them away.

Seriously though, all artists work differently...
...but they have the same rights. The law doesn't care how you work; it merely protects the rights you have should you choose to pursue them.

In Animematt's case, it sounds like he's interested in securing very specific rights. If so, then he may want to consider a delicate approach if he hasn't already secured those rights. Making demands for rights one does not contractually possess is NOT the best way to go about securing them. ^_^

[Animematt55]

aahh lots of words.....
anyways...I just kinda want it so people don't steal the picture, and have the character safe. Yeah, it is a fairly basic looking character, but the name and likeness....I dont want other people using it as theirs.
I will have to contact the original artist i guess.

[Tidusauron12]

^When these two get into to it... there's nothing you can do.

[Leader Desslock]

So..... are you looking to Trademark the thing? That's a whole other deal. Trademarking is a formal and sometimes annoyingly convoluted process that you have to go through (and pay for) that will prevent anyone from using characters 'similar' to the one you have.

If you're looking to Trademark your character, you first have to secure full rights to it. Once you have those (legally, contractually), then you start here:

http://www.uspto.gov/main/trademarks.htm

Trademarking is registering the likeness with the Patent And Trademark Office, which is not free. But it's the strongest legal protection you can have. Without a Trademark, there's really not that much stopping someone from using a character similar to the one you have, in a similar manner.

^When these two get into to it... there's nothing you can do.
:lol:, Yeah, when two writers get into a discussion, you can expect the word count to go up.

[Daydream]

Animematt55, like you said, it's best to contact the artist. If you commissioned someone to do an artpiece for you, they own the image unless you explicitly asked that you have the rights to the image. And owning all the rights should actually cost more than if you just wanted the image to use(still belongs to the artist). Anyway, I'm guessing you didn't want to get into all this official/complicated stuff, so yeah, you'll probably just have to stick a (c) and some sort of made-up warning, but that kind of thing doesn't really prevent stealing and if anyone does steal, you may get support from online communities, but you won't really be able to do anything since the copyright's not official.

[Leader Desslock]

... if anyone does steal, you may get support from online communities, but you won't really be able to do anything since the copyright's not official.
The copyright is official, but since Animematt55 isn't the copyright holder, he won't personally be able to take anyone to court over it. Only the copyright holder can file suit. Which, it appers, he is not.

[lequidon1]

First, I'm sorry in case i reanswer your question ( I didn't read all replies)

I assume you r in the U.S, to legally get the copyright, you must send works to the library of congress
http://www.copyright.gov/forms/formvai.pdf
You may find all the info you need in there.
if you paid s.o to do the work, you may want to declare it as "work made for hire" named yourself as the employer.

hope it help, you may want to find the book everythinginvention & patent book isbn 159337434, very simple and easy to start with. (for those folks who want to make some serious money with ideas)
you'll find out to have an awesome idea is not enough. there r works that need to be done and it takes yrs to get it to the market, unless u have some lucky stars shining around or sugar mama, sugar daddy, richdad, rich uncle, :P etc)
good luck

[Leader Desslock]

I assume you r in the U.S, to legally get the copyright, you must send works to the library of congress
Incorrect. Read the thread. Or read this thread:

http://animenation.net/forums/showthread.php?t=194577

There are increased protections available to certain works under certain conditions by registering the work with the Copyright Office, but it is not required. And even if it was, only the copyright holder can do it. Since Animematt55 (from what we can tell) did not contractually purchase those rights, nor is he the original creator, he can't register anything with anyone.

[lequidon1]

there is a form rite there, go and take a look, who is the copyright holder here? I assume you mean the one who actually create the artwork. Again, just take a look at the form, you'll see options to declare who u r.

of course it's not required but for professional artists, it's a smart thing to do (if it's a series of works or if it's popular)

there r other ways to protect your works :
1 old trick : mailed it to yourself using USPS or any other postal services
2. for computer works such as my yesthisismyday, kiki and friends I have the original files with date n' time.

[lequidon1]

you guys have to understand there r eutrepreneur artists who want people to invest in their works.
and the copyright registered is some of the must do thingy
depending on what u want, you should figure out the best way to do
good luck anyway

[lequidon1]

and also, even if u forget to write (c) by john doe 2006, doesnt mean we can copy your work. But we know there r bad people out there and to save time / attorney fee 45$ is not a huge investment.

[lequidon1]

So..... are you looking to Trademark the thing? That's a whole other deal. Trademarking is a formal and sometimes annoyingly convoluted process that you have to go through (and pay for) that will prevent anyone from using characters 'similar' to the one you have.

If you're looking to Trademark your character, you first have to secure full rights to it. Once you have those (legally, contractually), then you start here:

http://www.uspto.gov/main/trademarks.htm

Trademarking is registering the likeness with the Patent And Trademark Office, which is not free. But it's the strongest legal protection you can have. Without a Trademark, there's really not that much stopping someone from using a character similar to the one you have, in a similar manner.


:lol:, Yeah, when two writers get into a discussion, you can expect the word count to go up.

plz explain how you come up with the trademark idea.

[Leader Desslock]

of course it's not required but for professional artists, it's a smart thing to do (if it's a series of works or if it's popular)
Right. Which was what we'd discussed. Which was why I said "incorrect" in response to your comment about "to legally get the copyright, you must send works to the library of congress".

Registration may be smart, it may even be contractually specified(privately) by someone investing in an artist's work - but it is not required to be 'legal'. The legal rights are inherent to the artistic process, no paperwork required. :)

...we know there r bad people out there and to save time / attorney fee 45$ is not a huge investment.
Ummm... what are you talking about? Register the work with the givt for $45, and you'd still have to contact an attorney to file suit in cases of infringement. The government does not enforce that. :unsure:

plz explain how you come up with the trademark idea.
I don't know what you're asking. The link is there. Go to the trademark office and see for yourself what it involves, and what sorts of things it can be used to protect.

[lequidon1]

maybe i got you wrong. sorry for that!