Copyright:
Protecting Your Rights as a Creator of Cartoons, Caricatures and Illustrations

Copyright - An Overview

The protection of original created works under Copyright Law is a fundamental right that (subject to some legal variations and a few exceptions), applies internationally. Copyright comes into effect from the moment a work is created, and copyright does not need to be stated to apply. Since many people are however ignorant of this fact, the inclusion of a copyright statement is always a good idea.

It is nothing short of amazing, that an idea as simple and fundamental as Copyright, has been so consistently misunderstood and so regularly abused.

As an artist ... even though your art may well be your passion, never forget that it is also a business. Regrettably, there will always be those who will seek to gain financial advantage at your expense. It is up to the artist to know their rights and take measures to protect their artistic creations and livelihood.

Important!: Unless a work is explicitly stated to be "In The Public Domain", one should always first assume that the work is protected by Copyright.

Note: Copyright (©) should not be confused with Trademark (™) which requires paid registration.



How Useful is Copyright in Protecting Your artwork?

The short and truthful answer is, not all that useful. Followed by the postscript: it's better than nothing.

The down-sides of having a Copyright system with such a broad scope are the difficulties of policing the system and the inevitable legal costs incurred to litigate against a breach of copyright. From a purely practical perspective, it is rather like an honour system which is essentially ignored by those lacking in good business and/or social ethics.

Even though breach of Copyright (also called Copyright Infringement) is a criminal offense in most countries, such a breach may be difficult to prove and subsequent litigation can be a costly and time consuming process. This is even more the case when the breach of Copyright occurs across international boundaries. For most artists, who don't have a suite of corporate lawyers at their disposal, litigation is rarely a practical option.



How Can You Protect Your Cartoons, Caricatures and Illustrations?

As mentioned above, simply stating that your Cartoon, Caricature, Illustration or Animation is protected by Copyright is a good start. This should follow the general formula:

[symbol][Copyright][Year created][Creator's Name]

or for example:  This article is © CopyRight 2008, Cartoon Art .com.au

There is a two-fold reason for including both the Copyright symbol (©) as well as the word Copyright.

Firstly, the symbol (in this case being a font), may not always render correctly. For example, in some web browsers or other digital viewers, and particularly if the font is not available on the system.

Secondly, by explicitly including the word Copyright, you avoid the possibility of someone saying something like "oh, I didn't know that's what that symbol means", after they have appropriated and resold copies of your artwork.

If you are going to include a Copyright statement like the one above, you may as well also make sure that it is easily visible ... so that there is no possible doubt or confusion.


Two other options for protecting your artwork are to either not make it publicly accessible at all (which is pointless for most artists who want publicity and/or sales), or make your work very public so that everyone not living in a cave knows who created it (or at least, could easily find out).


Having a truly distinctive style is actually one of the best (and cheapest) forms of copyright protection you could have.


It is now also possible to register a copyright for a fee in the USA (United States Copyright Office). This won't stop someone from appropriating and reselling copies of your work, but it should improve dispute resolution and the chances of successful litigation through the legal system. It essentially creates an official paper-trail that definitively links the creator to the created work.


When discussing work with a client and later when invoicing the completed work, clearly state any Copyright conditions, limitations, or licensing that applies to the client's use of your creative product.

Never assume that your client will only use your artwork for the purposes originally discussed. Sometimes the client may honestly just forget (what was discussed or agreed), or the business may end up with new ownership and/or management.

If you wish to secure your Copyright, clearly state the terms and conditions for the use of your art on an official document / contract / invoice. This should include items like:

• Any royalty payments additional to your original fee for extended usage. In other words, the use of the artwork you created for purposes other than those originally defined.
  
  
• Any time limits assigned to a license or "first rights" option.
  This can be very useful to generate an ongoing income from your creative output. Using this strategy, a client may reuse artwork for a fee. If the original client has no further use for it, the artist has the option of licensing (or selling) the art to someone else.
  
  
• The return of original sketches, concept drafts and roughs. Without these it may be difficult to take action against a copyright infringement (proving you were the original creator).

If there are any conditions at all, to the client's use of the artwork you have created ... put them in writing !!!


Always keep original drafts, sketches and roughs ... preferably signed and dated. By possessing early originals it will be much easier to prove that you originated the artwork, should some one else start producing copies or other Copyright infringing materials.


Unless you intend to make your work Public Domain, don't publish high resolution images online. A web site is a wonderful promotional tool, but it also provides the simplest mechanism possible for others (from anywhere in the world) to "acquire" a copy of your art without paying for it. Keep the resolution of web site artwork low, and if necessary include Copyright information in the MetaData of your image files. This can easily be done with most image editing applications.



Signing Away Your Copyright

Firstly ... it is important to note that a Copyright can be shared or owned by more than one person and/or commercial entity. As a freelance artist you have the option to negotiate with your clients to retain some degree of copyright over the created works you provide for the client (see above).

This does not apply if you work as the employee of a business. As an employee, all work that you produce during work hours (and possibly outside work hours - read your employment contract!) is the property of your employer. Your employer has full Copyright, you have a paycheck.

Also, it is not uncommon for clients to assume that they will take total possession of all Copyright on paying an artist for services rendered. As a minimum safeguard, you may wish to include a statement like the following on all of your invoices:

[Your Business Name] reserves the right to use any and all works created by [Your Business Name] for self-promotional purposes.

This way you will at least be able to legitimately display work you have done on your own web site and/or advertising literature.


As a professional artist, one of the easiest ways to lose control over the copyright of your own work is to sign it away in a contract with a client.

Beware of the fine print that the client may quietly skip over ... and the hurried index finger that points to the spot where it says "sign here". If after signing the client looks particularly pleased ... you've probably just been screwed :-)


Things a Cartoonist, Caricaturist and Illustrator should watch out for in contracts, include:

• Clauses where you assign your Copyright to another party, which importantly, may or may not be the client contracting your services. If you sign away your rights, there is a very good chance that you will never again be able to use that character, or even a similar one (because that might infringe copyright). Remember that this extends across any media!
  
  
• Vague "Permitted Use" clauses that allow potentially broad interpretations which effectively make any Copyright that you do retain, essentially worthless.
  
  
• Beware of clauses granting "Secondary" or "Ancillary" rights to other parties. Be sure you know who those parties are, and exactly what rights you are granting. Be particularly careful of statements where expressions like "and their subsidiaries" or "and their licensees" are used.
  
  
• Clauses using very general terms that are not clearly and/or explicitly defined in the contract document are a potential legal and Copyright mine-field. These might include relatively common and exceptionally broad terms like "Online", "Interactive" and "multimedia".
  

And remember this simple rule
The more fine print a document contains, the more certain you can be that there are things that the author of the document does not particularly want you to notice. Be very careful.



Due Dilligence and Contractual Disclaimers for the Cartoonist, Caricaturist and Illustrator

This is all about legally protecting yourself, as the artist, from Copyright or Trademark related litigation and law suits resulting from your attempt to successfuly meet a client's brief. The following should be included in your job quotation/estimate, any contracts with the client and/or your invoice for the completed work.

Relating to reference materials and artwork provided by the client for inclusion in the artwork that the artist is requested to create:
The client accepts the responsibility to ensure that all provided media intended for inclusion in the finished work does not infringe any existing copyright or violate an existing trademark.

Relating to the finished artwork that the artist provides to the client:
The client accepts the responsibility to ensure that the finished artwork provided by the artist does not infringe any existing copyright or violate an existing trademark.

These relatively simple disclaimers should help an artist avoid some potentially nasty and expensive legal encounters.

If the client wishes the artist to perform the required "due dilligence" (potentially, rather a lot of research) relating to Copyright and Trademark, then this should be reflected in the artist's job cost quotation/estimate and subsequent invoice when the work is completed.

Be warned that occasionally you may encounter a client who will give you a job brief knowing that it is likely to have Copyright or Trademark related problems. It is almost certain that the client will ommit mentioning this to the artist. Should legal issues arise, the client will (with an equally high degree of certainty) claim that any legal responsibilty for the infringement rests with the artist. This means YOU!



Animations and Video Work

All of the above points apply equally to digital media like animations and video work (which may also include games).

The main difference is that the likelihood of a contractual agreement for your services is almost a certainty, and an accompanying NDA (Non-disclosure Agreement) is very likely.

Be sure you understand the documents you are being asked to sign, and what implications they may have for your creative future.




Additional Information

In this age of the Global Economy where it is not uncommon for artists to work for clients that are based elsewhere in the world, artist should pay attention to (and understand) the copyright laws in the country where their works will primarily be published.

Further useful information relating to Australian Copyright Law may be found at:
General Copyright Information for Australian Cartoon artists or see the PDF on Artworks
Licensing Your Cartoon Character (Arts Law Centre of Australia Online)

Further International Information USA:
United States Copyright Office or see their Copyright Basics PDF
10 Myths about copyright


Further International Information UK:
UK Copyright Law Summary, UK Copyright Law - Fact sheet P-01 or Copyright Registers


General Copyright Information from Wikipedia




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Wizard - Incept date: 16/10/2008 - Updated: 20/10/2008