Copyright and Art

Abstract

Search every item among the various classes, categories and catch-alls into which any art museum divides its collection and it is exceedingly unlikely that you will find a single original work of art on which there appears “Copyright,” “Copr.” or “©” before the creator's name and year of creation of the work. Though works of art are entitled to “formal copyright” such protection is rarely ever obtained. Perhaps the artist feels that the appearance of a “notice of copyright” would be defacing to the composition or debasing of the aesthetic of his work. Of course, the artist simply may not know that his work is entitled to copyright protection. Or, knowing his rights, the artist may prefer “common-law copyright,” terminating only by a “general publication” of the work, to the more complete protection of “formal copyright” which is itself limited to a maximum duration of 56 years.