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Digital access to art leads to intellectual property litigation

New York is one of the most attractive places for artists. Visual artists often find inspiration in the people, the scenery and the creative atmosphere. Unfortunately, with more people having access to the work of artists through digital means, more artists are finding themselves struggling to protect their rights to use and control their own works. When others fail to respect the rights of artists, it often leads to intellectual property litigation.

It is true that some may intentionally use a work of art without permission for their own gain. Others simply do not understand the laws that protect artists. For example, using part of an artist’s work in another creative endeavor does not always fall under the fair use doctrine, which is actually limited to those who do critiques or parodies of a work. Many have the misconception that any art on the internet is for public use. This is where many artists lose control of their works.

Artists can exercise their rights to protect their work online by adding watermarks and copyright symbols. There are other ways to prevent unlawful use of one’s art, such as tracking images others may post and disabling right-click options for copying one’s work. Artists can also place a written notice warning viewers of the consequences of using their work without permission.

Despite these steps, it is still possible that someone will copy or use the work of another artist. New York artists know how difficult it is to obtain what they deserve for the art they produce. This is why an artist can benefit from having a legal advocate skilled in intellectual property litigation when someone attempts to profit from a copyrighted work of art.