Clarifying Copyright Ownership and Selling Illustrations: A Comprehensive Guide

When you purchase an illustration, it is essential to understand the nature of the ownership and licensing agreement. This guide will help you navigate the complexities and ensure you can legally sell your purchases on stock photo sites.

Understanding Copyright Ownership

When you commission an illustration, you may not automatically own the copyrights unless the artist has explicitly and in writing confirmed the transfer of these rights. In the United States, assigning copyright legally requires a written agreement; notarization is often recommended for added security.

Assigning copyright is akin to making a final sale. Just like you can sell, give away, or license physical property, you can also transfer copyright. Copyright ownership provides the right to copy, distribute, and monetize the work.

For detailed forms for assigning a copyright, the book Intellectual Property. Patents, Trademarks, Copyrights (Richard Stim, 2016) provides samples on pages 100 and 101. These resources can help you ensure a proper transfer of ownership.

Copyright Assignment Requirements

Some important points to consider when purchasing copyrighted material include:

Work for Hire: The work must have been created as a "Work for Hire," meaning a contract was signed before the work was created. Clear Written Transfer: The copyright must be assigned in writing. Email confirmations alone are not sufficient as legal proof of assignment. Notarization: It is advisable to have the agreement notarized for additional legal validation. Copyright Registration: If you plan to register the copyright with the U.S. Copyright Office, be aware that registration may be denied if the artist used stock elements, textures, or photos that belong to a third party. Ownership Verification: Before applying for a copyright, ensure that the artist retains no elements of the design that are not owned by them.

Potential Issues and Considerations

While owning the copyright provides extensive rights, it's important to proceed cautiously. If the designer did not ensure a clear transfer, you might face legal challenges.

Secondly, even if you own the copyright, not all stock photo sites will accept your submission. Some sites require a clear chain of title, meaning they only accept content directly from the artist, not a third party.

Each platform has its guidelines for accepting content. You must carefully review the Terms of Service to ensure your work aligns with their polices.

Common pitfalls include:

Using design elements or textures from stock or online sources without proper licensing. Including common symbols, geometric shapes, or standard font letters and numbers in your design. Blurring the lines between licensed and owned content, leading to potential copyright infringement.

Legally, you can sell your illustration if you have a valid and written transfer of copyright. However, it is strongly advised to have all legal bases covered before attempting to do so.

By understanding the legal implications and adhering to best practices, you can ensure your purchase is a legitimate and valuable asset for your business or personal projects.