There's often a bit of confusion and misunderstood assumptions about ownership, copyright, licensing etc so I thought I would write down a simple guide on the topic and how it applies to my artwork. This article refers only to the art but of course the same applies to any created works (eg music, books, software etc).
Who owns the artwork?
The law* is simple here - the artist is the copyright owner the moment it is created in a tangible form. The artist does not need to do anything at all in order to be the owner, it is a given upon creation. Even when a client has commissioned the artist to create the piece, the artist owns the copyright**.
Some countries offer a copyright registration service (eg in the USA) and that's there to add an extra layer of legal protection. The artist gets to say who can use the art and who cannot. They can also give away that ownership to someone else.
One analogy I like to use is for cars. A customer buys the car and they own that car, they can drive it wherever they want and even sell it on. But they don't own the design of that car. If they took apart the car, copied all the parts and invented their own brand that looked identical then the original brand owner would have a decent claim to copyright infringement.
But it was my idea!
The law* is simple here - the artist is the copyright owner the moment it is created in a tangible form. The artist does not need to do anything at all in order to be the owner, it is a given upon creation. Even when a client has commissioned the artist to create the piece, the artist owns the copyright**.
Some countries offer a copyright registration service (eg in the USA) and that's there to add an extra layer of legal protection. The artist gets to say who can use the art and who cannot. They can also give away that ownership to someone else.
One analogy I like to use is for cars. A customer buys the car and they own that car, they can drive it wherever they want and even sell it on. But they don't own the design of that car. If they took apart the car, copied all the parts and invented their own brand that looked identical then the original brand owner would have a decent claim to copyright infringement.
But it was my idea!
This is the most common misconception among many people. The law again is very clear - you cannot copyright, trademark or own an idea. It has to be in a tangible, physical format (either real object or digital). Hence, a client who has an idea for a piece and commissions an artist to put that idea into life does not own the artwork that results from it.
Licensing
Licensing
Licensing is the format used by the copyright owner to allow other people to use the artwork for a given purpose. Very importantly, it does NOT grant copyright to the client, a license is simply permission to use the work.
There are lots of different types of licensing but very broadly they fall into one of three categories: Rights Managed (RM), Royalty Free (RF) or Creative Commons (cc). RM means the license is given for a very specific single-use purpose and cannot be used again without further negotiation. RF means the client can use it multiple times for a much wider variety of uses without going back to renegotiate. Creative Commons is a platform that allows people to use an image without specifically asking for permission. In all three cases, the client (or end user) is NOT the copyright owner of the artwork.
Free stuff
There are lots of different types of licensing but very broadly they fall into one of three categories: Rights Managed (RM), Royalty Free (RF) or Creative Commons (cc). RM means the license is given for a very specific single-use purpose and cannot be used again without further negotiation. RF means the client can use it multiple times for a much wider variety of uses without going back to renegotiate. Creative Commons is a platform that allows people to use an image without specifically asking for permission. In all three cases, the client (or end user) is NOT the copyright owner of the artwork.
Free stuff
There is a lot of free artwork out there with no ownership attached to them. They are usually labelled Public Domain, Out of Copyright or Copyright Free (not to be confused with Royalty Free).
Trademarks and patents
This area is not part of my article but in a nutshell trademarking is the procedure used to register your company brand and patenting is the official place to register your invention. By registering your intellectual property you can protect them against anyone trying to copy them. There are lots of rules over what you can and cannot TM or patent. Only officially registered brands can have the little (R) symbol applied to their logos. Unregistered logos can use the (TM) symbol. My own brand, Meerkatsu, is an officially registered trademark.
Commissioning Meerkatsu artworks
I own the copyright of all artwork that I create. Clients who wish to use work that I have already created in the past can license that work non-exclusively. Clients who hire me to produce custom work specifically for them are granted an exclusive license to use that artwork for anything related to their brand (royalty free licensing). In both situations, the client cannot sell, relicense, give away or use the artwork for a purpose unconnected to the client that it was intended for. Non-exclusive means anyone else could potentially also use the artwork, exclusive means I won't sell that exact artwork to anyone else, but...
A lot of my drawings repeat or reprise certain poses, character traits, dynamic actions, design elements etc that contribute to my distinctive artistic style. This is one reason why I like to maintain copyright ownership over my artworks.
I also like to show off my artworks across my social media and online sites as part of my self-promotional activities. Owning the copyright gives me freedom to do this.
Another reason for maintaining copyright ownership is in the case of a client who decides to sell its business assets. Me being the copyright owner means I am entitled to a share of the proceeds or deny the sale.
I also like to show off my artworks across my social media and online sites as part of my self-promotional activities. Owning the copyright gives me freedom to do this.
Another reason for maintaining copyright ownership is in the case of a client who decides to sell its business assets. Me being the copyright owner means I am entitled to a share of the proceeds or deny the sale.
That sums up my thoughts about the rights of ownership and copyright. I'll add more to this article as and when I think of them.
*Each country will have its own copyright laws but they more or less follow agreements formatted under the Berne Convention.
** Exceptions to this vary - listed here.
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