This is an umbrella term referring to commercially valuable creations of the mind. These creations include inventions, artwork, symbols, names, and designs. Intellectual property protection options include copyrights, trademarks, and patents. The appropriate protection option depends on the work itself. For example, a copyright may protect creative expression such as a painting, a book, or a jewelry design. A trademark may protect a word, logo, symbol, or design that identifies the creator of a product. A patent may protect new technological innovations.

Copyright is a form of protection grounded in the U.S. Constitution for original works of authorship fixed in a tangible medium of expression. Copyright protects, for example, literary, dramatic, musical, and artistic works, such as paintings, sculptures, poetry, novels, movies, songs, computer software, and architecture. Copyright covers both published and unpublished works. With exception, copyright protection exists from the moment of creation and lasts until 70 years after the death of the creator.

Copyright protects "original works of authorship," while a patent protects inventions or discoveries. Copyright protects creative expression, whether that expression is in the form of, for example, a painting, a book, or a sculpture. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

Generally, the copyright owner has the exclusive right to and to authorize others to:

1. Reproduce the work;
2. Prepare "derivative" works based on the work;
3. Distribute copies of the work;

A derivative work is a copyrightable creation, which is based on one or more existing works. Only the holder of the copyright of the original can produce or give permission to another to create the next version. A derivative work usually involves a transformation. For example, a film based on a book is likely a derivative work.

Copyright protects expression. Copyright does not protect ideas. Copyright does not protect facts, systems, or methods of operation, although it may protect the way these things are expressed. Copyright does not protect titles, names, short phrases, slogans, familiar symbols or designs, mere variations of typographic ornamentation, lettering, coloring, or mere listings of ingredients or contents.

Copyright does not protect the mechanical or utilitarian aspects of a design. A "useful article" is an object having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. Examples are clothing, furniture, machinery, dinnerware, and lighting fixtures. A useful article may have both copyrightable and uncopyrightable features. For example, a carving on the back of a chair might be protected by copyright, but the design of the chair itself might not be protected by copyright. Some designs of useful articles may qualify for protection under the federal patent law.

Finally, copyright does not protect works that are too old, and therefore have fallen into the public domain.

For works created after January 1, 1978, copyright protection generally begins at the moment of creation and lasts 70 years after the death of the author. After this time, the work loses protection and falls into the public domain. Certain works that were created but not published or registered with the copyright office before January 1, 1978 lose protection 50 years after the author's death.

Even if a work is in the public domain, under private-property laws, the owner may still restrict access to the work. For example, Vincent Van Gogh's painting "Starry Night" is in the public domain, but an image produced by the Van Gogh Museum in Amsterdam is protected. When in doubt, ask permission before you use a pre-existing work.

Pursuant to the idea/expression doctrine, copyright protects only the expression of the idea-not the idea itself. It may be difficult to draw the line between an idea and expression. For example, in California, the court denied protection for a jeweled pin that was in the shape of a bee. The court determined that a jeweled bee pin was an idea and not expression. The court found there was only one way to make such a pin. The premise of this court ruling, that there is only one way to make a pin, with jewels, in the shape of a bee, seems hard to believe. But that's what the court held. To the court, a jeweled bee pin is an idea and as such is not protected via copyright.

No. In the United States, copyright protection automatically exists from the moment the work is created. However, if you are concerned about the uniqueness of your work, you might explore registering your work with the U.S. Copyright Office. If you do want to pursue registration, it is highly suggested to register you work within three months of publication (posting an image on the Internet may constitute publication).

If registration is made within three months after publication (posting an image on the Internet may constitute publication) and prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Statutory damages are set by law and therefore are easier to prove than actual damages, where you would have to prove, for example, lost profits. In other words, if you register for copyright before your work has been on the Internet for three months, and someone infringes, it may be easier to prove that you've been harmed.

If you register after the three-month window, you will not necessarily be entitled to statutory damages or attorney's fees. You will have a heavier burden of proof as you will have to show actual damages, which are difficult to prove.

Also, when you register for copyright you will receive a certificate of registration (to show your family and friends) and registration creates a public record (so that strangers can look it up). If registration occurs within 5 years of publication, it is considered excellent evidence in a court of law.

Maybe not. If you prepare a work as within the scope of your employment (a work made for hire) your employer might be the "author" of the work. Also, if you prepare a custom commissioned work for certain uses and you expressly agree in a signed written instrument, the work may be considered a work made for hire. In these cases, your employer or the person who commissioned the work might be entitled to the copyright rights. The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.

U.S. copyright registration currently costs $45 (fees are subject change) for a group of works, consists of one form and requires zero lawyers. The exact form to use depends on the type of work you are registering. For example, Form VA is for visual arts registration. To be safe, it's advisable to register your works for copyright at least four times a year (that's every three months). The current forms are found for free on the U.S. Copyright website, www.copyright.gov.

To register you need to mail the form, payment, and one or two copies or photos of each work to the copyright office. The copies or photos are called the deposit requirements. The number of copies depends on the exact type of work (for example, a piece of jewelry or an unpublished literary work) you're registering. The form each contains plain English instructions and provides information concerning the deposit requirements. Also, according to the copyright office, you will soon be able to register online.

Artierra prohibits the selling of counterfeit goods. Please do not sell them. A seller may be held liable for selling counterfeit products if the seller knows or has reason to know that the products are counterfeit. If the seller fails to inquire about the authenticity of the products, for fear of what such inquiry may yield, this may constitute knowledge. Once knowledge has been established, a reseller of counterfeit products may be held liable for counterfeiting.

When you sell or give away a copyrighted item, unless you have a contract specifying a transfer of one or more of your copyright rights, you are only selling the physical item, not any of your rights. For example, when I sell a necklace, I am only selling the piece of jewelry. The buyer is not entitled to the exclusive right to duplicate the necklace without my express permission.

The fair use defense is a way to defend an allegation of copyright infringement. In essence it's a way of saying "yes, I infringed, but I have an excuse." The fair use defense rests on the theory that an individual should be excused due to public policy reasons such as the copying benefits society due to educational purposes or if the copying is considered commentary, criticism, news reporting or scholarly reports. If the copying is for commercial use (if an artist copies and sells the work), this fact weighs against the finding of fair use.

Many artists use the fair use defense as a loophole to copy. This is not wise. Artistic uses are not explicitly protected by fair use. The fair use defense is complicated and difficult to prove.

In some cases, that court will permit copying, even without conducting a fair use defense analysis, if the amount copied is extremely small (de minimis). The theory is that this type of copying does not rise to the level to constitute infringement. A court may examine whether an average audience would recognize an appropriation as a qualitatively and quantitatively significant portion of the copyright holder's work as a whole. Just like with fair use, there is no bright line test for determining a de minimis use.

Generally, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Someone may infringe even without making any money.

It can be frustrating to discover a similar piece of art to yours. However, ideas are generally free to copy. And the line between an idea (unprotectable via copyright) and expression (protectable via copyright) may be difficult to draw. Artists may be inspired by other artists, previous art, and the world around them. For example, Cezanne is thought to have inspired Picasso's cubism period and Boucher, Fragonard and Watteau inspired Renoir.

Also, copyright protection does not preclude another author from creating independently authored, yet identical, works. Copyright does not protect everything. For example, copyright does not protect facts, processes or utilitarian aspects of a design.

If you suspect copyright infringement, please email us at support@artierra.com. We will investigate and come up with a determination and act on that opinion. Our determination does not constitute legal advice or legal representation. Please speak with a licensed attorney in your jurisdiction for legal advice. You may also bring any issues to, for example, court, mediation or arbitration, in order to get another opinion. Artierra will abide by such opinion.

Please don't purposely infringe. Even if you do not have substantial assets, you may be forced to cease publication, shut down your web site, or even to destroy all copies of art which includes copyright infringement.

There's a myth that if you change 30% of some else's work, you will be able to claim a copyright in that work. This is a myth. Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, without the owner's consent you cannot claim copyright to another's work, no matter how much you change it.

These FAQs relate to the law of the United States. However, the United States has copyright relations with most, but not all, countries throughout the world, and as a result of these agreements, the U.S. honors certain other copyrights. For a listing of countries and the nature of their copyright relations with the United States, visit www.copyright.gov and see Circular 38a, International Copyright Relations of the United States.

As you're probably aware, the law is very complicated may vary from situation to situation, place to place, and even judge to judge. These topics have been argued and theorized by legal researchers, attorneys, and judges for many years. And laws are always evolving. And sometimes a factor that may seem unimportant may be actually very important. As always, do your research, exercise good faith, treat others as you would want to be treated. If you need further assistance, talk to a licensed attorney. This FAQ will be periodically updated to incorporate new issues that arise.

For more information on copyright law visit www.copyright.gov. For more information on patent and trademark law visit www.uspto.gov.