How are copyrights protected for paintings and objects of art?

Fine art is one of the most confusing objects in terms of copyright, according to lawyers. All artists turn to references, that is, other people’s illustrations, and create their works based on them. Thanks to the introduction of other people’s experience into your work, over time you develop your own style and artistic taste.

The master masters painting techniques by copying masterpieces. But it happens that someone else’s work is completely used for one’s own interests, violating the rights of its creator.

What is copyright?

Illegal copying, appropriation and distribution of other people’s works is a common violation in the creative field. For this reason, every artist and illustrator must know the legal framework in order to be able to officially defend their own interests.

• The author of the painting is the artist, but he can transfer the right to use his work to other persons. This is done officially through an agreement between the parties. For example, his illustrations can be printed on various products: souvenirs, clothing, advertising, etc. The person who receives the right becomes the copyright holder. It can be not only an ordinary person, but also a company.
• The author is any person who created the picture, regardless of his age and status, legal capacity, even a child, but he does not have the opportunity to dispose of the right to property until he is 14 years old. These functions are temporarily performed by its official representatives.
• If an artist has developed graphics according to an assignment at work and this is his responsibility according to the contract, then this is an official development, and only the employer has rights to it, unless the contract includes clauses refuting this fact.
• The Civil Code of the Russian Federation regulates copyrights and, according to it, the rights come into force as soon as the work is created. Even if it has not been published anywhere yet. She doesn’t need registration. You just need to put the author’s signature on the copy. However, practice shows that authors are not always able to prove that a work was created by them.
• Russian legislation considers any manifestation of creativity to be a work. Even if the artist sketched it on a napkin. Here we need to remind you of Picasso.
• If a painting or illustration was created by several people, then they are co-authors. Income from its implementation should be divided between them on the basis of a co-authorship agreement.

How can you protect intellectual property?

The simplest solution is to contact intellectual property lawyers, for example: https://pravo.legal/indexorg/yurist-po-avtorskim-pravam/ . Specialists will independently protect your interests; you can delegate participation in court hearings to them.

If a controversial situation arises, then you need to have evidence that will show who the true author of the work is. This evidence is enough to restore its authorship. The defendant will have to challenge this fact in court with documents. The party that proves its rights to the work will be recognized by the court as right.

The following facts can be presented to the court as evidence:

• On physical objects, the creator usually leaves signatures with brief information about himself: name, nickname, date of creation. It is advisable to preserve the sketches of the work, its original version. This will convince you of the authenticity of the authorship. The testimony of other people also plays a role in the court.
• A signature is often placed on electronic media: even if it is cut off, it will remain in the original and prove authorship. Present the option in a graphic editor, where you can see the saved layers, style library, and layout. Someone who is not the author will obviously not have the original versions of the work.
• Authorship can be confirmed by publications in periodicals, magazines, and social networks; dates are recorded there and can be presented as evidence.
• A certificate of deposit will help prove authorship. It is issued by a non-state author’s society; you can apply for the document at the patent office.
• Authors must save illustrations in electronic format, sign it and send it to their e-mail so that, if necessary, they can see the dates of sending. But this method is archaic - after opening such evidence loses its legal force forever.

Deposit

This is a registration of authorship, in this case of visual works, which can be taken as evidence of your copyright. To do this, the creator of a painting or illustration transfers a copy or photograph of it to the copyright society.

It then registers the painting and provides a certificate to the author. All materials that were deposited indicate that they looked exactly like this at registration. Unless proven otherwise, information from an independent registrar will serve as strong evidence of authorship.

What evidence must be provided to the court?

If copyright has been violated, then it is necessary to file a lawsuit, and before that, collect the necessary documents.

It is necessary to record all facts indicating violations. If the illustration was published on someone else’s website, then take screenshots and then have them notarized. If they are not formalized, they will not have legal force. If the work was printed on a product, then you need to purchase it and take receipts from the seller, which indicate the date of purchase and signature.

All this needs to be photographed along with the products. You can even videotape the entire purchase process, which should include information about the store - it is important to show its sign and location. The shooting should include the seller, the receipt, and the registration of the goods.

If a dispute arose between legal entities or individual entrepreneurs, then, before going to court, they file a pre-trial claim and send it to the violator in the form of a registered letter. The postal receipt must be kept. This clause is mandatory, otherwise the court will not consider the claim. A month later, you can already go to court and demand compensation for violation of your copyrights.

No one is immune from copyright theft, but you should protect your works from theft as much as possible!