thanks for this very useful and clear summary! lav

On 7/30/2013 10:31 AM, Stephen DiCerbo wrote:
> There are a lot of assumptions about copyrights, mostly erroneous
>
> the  best approach is through knowledge..
>
> Copyrights are governed by the Berne Convention, , the US being one of 
> 170 participating countries....    as of now, I am pretty sure China 
> has not joined  (surprise!!)
>
> research the Berne Convention and factual sites that explain its 
> provisions for more information:
>
> heres one
>
>
> http://www.arsny.com/basics.html
>
>
> some  basics:
>
> you own copyrights of your work as intellectual property from the 
> moment it is created
>
> copyrights, like any other legal rights can only be transferred by a 
> legal document.
>
> you do not need to place the copyright symbol on your work in order to 
> possess or protect your copyrights.
>
> despite the expense and involved process of registering your images 
> with the Copyright office, it offers the best protection,
>
>  if for some god awful reason you need to pursue a case in court 
> concerning the theft of an unregistered work, and it is  found in your 
> favor will allow you to stop further use by the thief, but not much else.
>
> If the same thing occurs with a registered image, you can recoup your 
> lawyer's cost and punitive damages of up to $10,000 for each offense.
>
> there are a lot aspects to copyright laws, but its all  pretty much 
> spelled out..
>
> A commissioned Illustration does not eliminate your rights, unless 
> spelled out and agreed to in writing by both parties
>
> The only aversion of inherent rights to your intellectual property is 
> in a "work for hire" case.   If you Illustrate  for an employee that 
> has hired you and pays you wages and benefits, your copyrights may be 
> , at least in part, forfeit. This does not include commissioned or 
> freelance work.
>
> You should familiarized yourself with what rights you might or might 
> not have when you are hired on by an employer.
>
>
> Stephen
>
>
>
>
> At 05:34 PM 6/10/2013, you wrote:
>> It is my understanding that the sale of an original piece of fine art 
>> and the rights assigned are QUITE different from that of a 
>> commissioned illustration. I strongly suggest you go to the US 
>> Copyright Office site for more information: http://www.copyright.gov/
>>
>> Best regards,
>> Pam
>>
>>
>>  On 6/10/2013 2:33 PM, Benedict, Chuck A -FS wrote:
>>> You sold the painting.  You no longer own the painting.  Assuming 
>>> you made no claims to any rights when you sold it, all rights 
>>> transferred to the new owner. The new owner can reproduce the 
>>> painting any way she/he sees fit.  You can place no restrictions on 
>>> the use of the painting by the new owner.  The new owner can place 
>>> an image of the painting on any website he/she wishes, at any 
>>> resolution she/he wants.  Finally, it is up to the new owner to 
>>> specify how, if at all, the image can be used by anyone viewing it 
>>> on the web.  That's just how it is.
>>>
>>> -----Original Message-----
>>> From: SciArt-L Discussion List-for Natural Science Illustration- 
>>> [mailto:[log in to unmask]] On Behalf Of Britt Griswold
>>> Sent: Monday, June 10, 2013 12:35 PM
>>> To: [log in to unmask]
>>> Subject: [SCIART] Copyright and web use question
>>>
>>> I would like to ask a questions regarding copyright; I sold a 
>>> watercolor painting and the person who bought it would like to use 
>>> it on their website as a added graphic element. I'm not sure how to 
>>> word permission for them use it only on the website and how to 
>>> protect it and prevent other uses from happening. I'm also not sure 
>>> how to ask them to keep it low resolution on the website so it 
>>> cannot get reproduced off their website.
>>>
>>> Thanks so much for any advice on all this.
>>>
>>> All my best,
>>> Sharon
>>>
>>> *Sharon Birzer*|*Birzer Studios*
>>>
>>>
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>>
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-- 
Linda Ann Vorobik, PhD Botanist, Botanical Artist
www.VorobikBotanicalArt.com, blogging at: http://vorobikbotanicalart.blogspot.com/
PO Box 866, Lopez Island, WA 98261; 360-468-3188; cell 510-520-2423

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