Living in a digital age brings along its own set of challenges. One such quandary for artists is the prospect of their works being “stolen” or reproduced without their consent. This could be the work of another artist or a factory churning out knock-offs on the other side of the globe. This possibility even looms over sculptures if they become popular enough.
An artist who copies your work might argue that it's a form of flattery. If they're making a profit from your creations, though, it's nothing short of theft. This isn't to say that all replication is an assault on your creativity. Many aspiring artists learn by replicating works that inspire them, a practice with roots in the very foundations of art where apprentices spent countless hours imitating their masters. Some artists might not even realize that they've infringed upon your creation.
My sculpture "Marked" on display at the Seymour Art Gallery
The question then arises: what constitutes a copied artwork? In many Western countries, a piece of work is generally considered copied if some or most of your work is reproduced. Sometimes, a particular percentage of the total concept or surface is used as a criterion. For instance, if more than 20% of your artwork is copied, it might constitute copyright infringement, whereas anything less might not.
While you hold all copyrights to your work from the moment of its creation, taking legal action will require registration of your piece with a copyright office. Keep in mind that copyright laws protect only the end results of your ideas, not the ideas themselves. For example, you can't copyright a subject or a style; only the final artwork can be copyrighted.
My absolute delight in finding a Deborah Butterfield horse sculpture on my trip to New Orleans
Please note that while this is an overview of some copyright concerns related to artwork, it should not be construed as legal advice. The laws pertaining to copyright can vary widely depending on your location, the nature of the artwork, and other specific circumstances. If you find yourself facing a situation that may involve copyright infringement or if you have concerns about protecting your work, it's best to consult with a legal professional who specializes in copyright law in your region.
The threat of plagiarism isn't as prevalent in sculpture as it is with 2D works such as paintings or drawings, given the complexities of reproducing a 3D object, especially en masse. However, images of your sculptures can still be used without your consent. Taking measures such as using lower resolution images, applying watermarks, or disabling the right-click function on your website can help safeguard against this to some extent. By preventing viewers from downloading images and observing the intricate details of your work, you can deter potential thieves from copying the elements that make your work unique.
The safest way to protect your artwork online would be to avoid posting it entirely. However, that would likely be counterproductive to building a community and getting feedback on your creations (as discussed in the Why We Share section). If concerns about theft persist, take steps to prepare your artwork appropriately, monitor the internet regularly, and respond to all instances of copyright infringement promptly.
Sculpture might be technically harder to copy, but it is still possible
Let's ponder the words of 19th-century art critic John Ruskin: "That virtue of originality that men so strain after is not newness, as they vainly think, there is nothing new; it is only genuineness." These words remind us that while others may emulate your subjects or techniques, they can never replicate the unique essence that is inherently yours.
Over the next several blog articles, we'll explore the practical aspects of photographing your sculptures, ensuring they're presented in the best possible light while maintaining their uniqueness and integrity.