Copyright Basics for Visual Artists: What Every Creator Should Know

What Copyright Protects

Copyright safeguards original works of authorship, including drawings, paintings, digital art, sculptures, and illustrations.
Your work qualifies if it’s independently created and shows creativity through your artistic choices subject matter, composition, color, or style.

However, simple designs like basic shapes, symbols, typography, or minimalist word logos usually aren’t copyrightable. Those might qualify for trademark protection instead.

Your Art Is Protected the Moment You Create It

Copyright automatically applies the moment your artwork is “fixed” in a tangible form painted, drawn, or digitally saved.
You don’t need to register for basic protection, but registration gives you stronger legal rights if your work is ever copied or sold without permission.

Protected art includes:

Graphic and concept art

Sculptures, photography, and architecture

Paintings, drawings, and digital illustrations

Registration lets you pursue legal action and potential compensation, including attorney’s fees and statutory damages.

Your Rights as the Artist

As the copyright owner, you alone have the right to:

Reproduce and sell your work

Create derivatives or adaptations

Distribute or display your art publicly

Anyone who uses your art without permission is infringing on your rights.

Published vs. Unpublished

Your art is considered published if it’s distributed or offered for sale.
Simply displaying your work like posting online or exhibiting in a gallery doesn’t count unless it’s for sale.

Examples:

Gallery piece for sale = published

Social media post for display only = unpublished

Works Made for Hire

Normally, you own the copyright to what you create.
The exception: work made for hire art created as part of your job or under a contract specifying that ownership belongs to someone else.
Always review contracts carefully before signing away rights.

If Your Work Is Used Without Permission

If your art is stolen, resold, or used without consent, you can take legal action; especially if your work is registered.
Claims can be filed in federal court or through the Copyright Claims Board (CCB) for cases under $30,000.

Justice for Artists helps creators fight back against unauthorized use covering all upfront legal fees and getting paid only if you do.

Why Registration Matters

As the copyright owner, you alone have the right to:

🖌 Reproduce and sell your work

🖌 Create derivatives or adaptations

🖌 Distribute or display your art publicly

Anyone who uses your art without permission is infringing on your rights.