Works of the Visual Arts
What are Works of Visual Arts?
"(1) a painting, drawing, print or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or
(2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author."
How is an artist protected?
Artists have the right to claim authorship on their work, deny authorship of work they did not do, prevent their name being associated with work "in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation," and to prevent such mutilation from occurring. Note: Time and wear are not considered types of mutilation.
How long does copyright of visual art last?
For the life of the author, or, in the case of multiple authors, copyright ends when the last living author dies.
(U.S. Copyright Law, 17 U.S.C. § 106A and Circular 40: Copyright Registration for Works of Visual Art; Copyright.gov [PDF])
This Image is in the Public Domain!
"Hot Dog Stand, West St. and North Moore, Manhattan" (1936)
Berenice Abbot
NYPL Digital Gallery
If you're interested in learning more about protecting your work, see the U.S. Copyright Office's instructions on registration.
Images in the Public Domain
- Creative Commons SearchCC Search allows you to search specifically for media that can be used for commercial purposes and/or be modified and reworked, through search engines of sites that use Creative Commons licenses, such as Flickr, YouTube, Europeana, and others.
Works that are in the public domain are free to reuse and repurpose. These include images whose copyright protection has expired, and more recent works that were designated for public use at their time of creation.
Though an item is in the public domain, it is always best to attribute these works to their original author, and if you cite it in a paper, your citation must also include where it is currently held. The Library of Congress Guide to Citing Primary Sources can help you figure out how to format image citations (Chicago, MLA).
- LACMA CollectionsThe Los Angeles County Museum of Art's newly updated collection of more than 20,000 images in the public domain.
- National Gallery of Art Digital Images22,000+ open access images from the collections of the National Gallery of Art.
- NYPL Digital GalleryThe New York Public Library provides access to more than 800,000 images from their holdings, "including illuminated manuscripts, historical maps, vintage posters, rare prints, photographs and more."
Useful Resources
- Copyright & Art Issues, Christine SundtA visual resources professor/art historian/jewelry maker's collection of copyright law and issues as they relate to the visual arts.
- Getty Research GuideHow to search for copyright owners if you need permission to use their work.
- Intellectual Property and the Arts FAQ (College Art Association, 2013)Includes questions on artists and copyright, appropriation, artists and moral rights, and work for hire.
- Visual Resources Association - Intellectual Property CommitteeA rich resource for information on images and fair use, public domain, and educational use, as well as general copyright info.
Disclaimer
The information presented here is for informational purposes only and should not be considered legal advice.