Should you copyright your own artwork?

[Wishingwellmell]

As in the title really. I’ve been painting some of my own artwork (which probably could be easily copied or altered slightly) and I’m hoping to have a go at selling it.

I may get absolutely nowhere with it, but IF I do, am I protected from anyone producing the same kind of work only if I copyright it? or would I be protected without?
Thanks

You're automatically covered by copyright for your own work, so no one can republish it or replicate it without your permission. However, copyright works on the basis of you taking a case against someone who has broken copyright law - realistically do you have the financial ability to go against someone who has replicated or very closely copied your work?

And the clue is in the word - you have to prove copying; if someone produces “the same kind of work” you are not copied. If someone directly copies an actual item of work then copyright may have been infringed but like pp said, for works of art things like reproducing it by taking photos and printing them is the more likely claim. For an amateur painter who might one day sell, it’s really not a significant issue.

I hadn’t thought of potential costs IF it came to taking a case!

But I would’ve thought that if someone produced the same kind of work (I don’t mean everyday things people may paint, I’m on about say painting the same ( or very similar pattern for example) which is unique to an artist, but only changing the colours. That’s not my work it’s just an example I’m using.
Surely, whilst not exactly the same, it would still be classed as copying?

Agree with a number of points made above. Copyright is handy in that it arises automatically but it's pretty narrow in its application with it needing direct copying.

Regarding costs of bringing a case, IME most disputes in this area settle/conclude without the parties going to court, if the priority is to just get them to stop selling the infringing article.

Although it arises automatically, there are still some practical steps you can take to put yourself in the best position to assert your rights if needed. In particular, keep records of what you created when, keep important drafts that show how you got to the finished article.

I’m on about say painting the same ( or very similar pattern for example) which is unique to an artist, but only changing the colours. That’s not my work it’s just an example I’m using.
Surely, whilst not exactly the same, it would still be classed as copying?

It's of course easiest to establish copyright infringement when someone has identically reproduced your work, but if they have just changed some minor elements and still taken a substantial part then a claim could still succeed.

@scruffler I agree most will be settled out of court, but OP may need legal letters written to encourage perpetrators to remove artwork from websites etc. Some people will be happy writing those themselves, but many would seek legal advice in doing so which obviously comes at a cost.

@Wishingwellmell the problem with trying to prove copyright when someone has used techniques etc is that it has to be pretty distinctive and identifiable. For example in music, you can use all the same scales and chords, but it's how you balance and order them that matters (to an extent). So painting in block colours might be typically Mondrian, but that doesn't stop others using those colours and the same media, it's the way the image is presented. This is why, sometimes, copyright can become very very involved and, at times, expensive because often it's subjective/takes a third party (ie court) to decide if there is a breach of copyright when it isn't blatant plagiarism.
BUT - as pp have said, for a probably small time artist (no offence intended!) I doubt the impact would be huge. You can limit risk by watermarking any online copies, putting signatures close to the image (harder to crop out) etc or putting identifiable features on your work. It won't protect your intellectual copyright (the idea) but it will mean your work can't be directly copied so easily and followers of your work will be able to tell a real from a forgery.

I used to be an artist.

Worry less about copyright and more about making your work skilful and with content and style that is individual enough that people will find it hard to copy, and buyers will prefer yours to the copies.

Thanks for all your comments, it’s given me a lot to think about 🙂

If a work of art is changed sufficiently to be different even if it is very similar, it will escape copyright infringement. Think of designer clothing that appears almost identical a few days later in primary. They look at the original and just make something slightly different and can't be sued. A dress design is just like a work of art re copyright.

Ensure you advertise as thumbnails so they can't be enlarged and copied. Make sure they have watermarks and dates on. Put a warning on your website that they are copyright protected.