One of the largest fears of artists who display their artwork on the Internet is piracy. Even though copyright laws in most countries prohibit stealing intellectual property, many unethical people download and then reproduce another person’s creation for profit. Artwork reproduction is expressly a right of the artist who created it. Up until a new USA copyright law in 1990, individual works of art had to be individually copyrighted. Since then, an artist has ownership of the rights to that artwork as soon as it is completed. Any future reproduction of the artwork is determined by the artist. Even if the artwork is sold, the artist retains those rights unless they are legally signed over to someone else. For instance, if a museum purchases a painting but not the rights to reproduction of that painting, then any reproduction of the work is forbidden. This is why visitors to a museum are not permitted to take photos of artwork. In the United States, the copyrights are valid for fifty years after the artist’s death. In Europe, the length of time is seventy years.Copyright laws do allow for the download of artwork from the Internet as long as the work is not reproduced more than once. The person who downloads art is permitted to make one print for their own use, but must not reproduce or permit others to reproduce additional copies of the work. Many artists who display their artwork on line have discovered the work has been reproduced in another country and has been placed on the market as an inexpensive print. An artist who may be marketing prints for $500 may find illegal prints being sold for $40. One of the countries who is most guilty of piracy and illegally marketing artwork is China. Using computer technology, artwork is downloaded in China where prints are made of the work. The prints are then shipped to other countries and sold at very low prices. Paintings are duplicated by assembly line painters and sold as “Starving Artist” artwork to unsuspecting buyers, or to those who want a decorative piece of art to hang on the wall without any regard to the original artist’s rights. Artists and art organizations are very concerned about this illegal activity, as it is pulling the rug out from under the art market. China is not only stealing the art of others, but it is also training millions of artists. The low rate of pay in China will make it possible for the Chinese to take over the art market in the world, devaluing art in the process. Under the International Berne Copyright Treaty, most countries have laws to protect all intellectual property, but catching and prosecuting those who steal original art is a difficult task when the perpetrators live in non-complying countries like China. The paintings of famous artists are frequently copied by unknown copy artists and the resultant paintings are then sold. People, for the most part, who purchase these reproductions are either unaware they are copies or simply do not care. Many people believe Intellectual property, such as writing, art, and music, should be free to everyone.
Links:American Artist: Ask the Experts: Reproducing Artwork for SaleCollection of National Copyright Laws: UNESCO Culture SectorConsigning Your Arts and CraftsContemporary Art Blogs – absolutearts.com – “Copyright Bullies” by Nicholas ForrestContemporary Art Blogs – absolutearts.com – “THE CHINA SYNDROME – Counterfeit Art Creates Problems” by Barney DaveyCopyright informationCreative CommonsHarvard University Art Museums – CopyrightIntellectual Property and the Arts | College Art Association | CAA | Serving the Visual Arts Community Since 1911International Treaties and Protection in Other Countries (Copyrights)Online Art Magazine – Protecting One’s Work from Copyright InfringementResources: Copyright: An OverviewU.S. Copyright Information – Artist ResourceWebMuseum: Copyright laws around the worldWelcome to the ACC