Is Art Created Online Automatically Copyrighted? A Comprehensive Guide

When you create a piece of art and publish it on the internet, what legal protections does it have? Is it automatically copyrighted? In both US and beyond, this is a crucial question that many creators are curious about.

Understanding Copyright Protection

Yes, and no. All art comes with an automatic copyright upon its creation, regardless of where it is published. However, official registration with the US Copyright Office can significantly enhance your ability to protect your work, but it's not a guarantee. The decision on whether to register also involves associated costs, particularly when you have multiple works.

How Copyright Works for Online Art

In brief, all original works of authorship, with a minimum level of creativity, are automatically protected by copyright law as soon as they are "fixed in a tangible medium." This medium can be digital, including the internet.

Registering for Copyright Protection

If you want to ensure the strongest possible legal protection, registering your work with the US Copyright Office is highly recommended. While this can be costly, it significantly increases your chances of winning a copyright infringement lawsuit. However, registration is not a guarantee of victory, as the courts may consider other factors as well, such as the nature of the work and how it was distributed.

Defending Your Copyright

Even with registered copyright, actively defending your artwork's copyright is essential. If you fail to take steps to prevent unauthorized use, you might lose your copyright. For instance, if someone takes a picture of your art and posts it on the internet, and others republish it, you need to act swiftly to prevent this infringement. Neglecting to do so could be seen as a relinquishment of your rights in a court of law.

Big companies often send cease and desist letters to individuals who inadvertently infringe on copyrighted materials. This demonstrates the importance of being proactive in monitoring and defending your art.

Conclusion

While new art created and published online is automatically copyrighted, the act of creating and publishing that art alone does not provide absolute legal protection. Additional measures, such as registration and diligent enforcement, can greatly bolster your rights in the event of an infringement.