How to Copyright Artwork: A Practical Guide for Artists
Your artwork is protected by copyright from the moment you create it in a fixed form, in the US, the UK and the EU. You do not need to apply, pay or add a © symbol. In the US, registering with the Copyright Office is optional, but you need it to sue and to claim statutory damages.
This guide explains what copyright covers, how US registration works and what it costs, how the UK and EU differ, how to keep proof that you made the work, how to license it, and what to do when someone uses it without permission. It is general information, not legal advice.
Is art automatically copyrighted?
Yes: copyright protects an original artwork as soon as it is fixed in a tangible or digital form.
The U.S. Copyright Office states that a work is protected "the moment it is created and fixed in a tangible form". A painting, a photograph, a drawing saved as a file and a 3D model all qualify. The UK government guidance is just as direct: protection is automatic, and there is no register of copyright works in the UK.
Countries that signed the Berne Convention, including the US, the UK and all EU member states, apply the same principle. In the US, the UK and the EU, copyright in an artwork generally lasts for the artist's life plus 70 years.
Copyright belongs to the artist who made the work. The main exception is work made for hire: if you created the work as an employee, or under a written work-for-hire agreement, the rights may belong to the client or employer.
What copyright covers, and what it does not
Copyright protects your specific work, not your idea, style or subject.
- Covered: the finished work and recognisable parts of it, including copies, prints, crops and close variations.
- Your exclusive rights: to reproduce the work, make derivatives, distribute copies and display it publicly.
- Not covered: ideas, techniques, a general style, a subject or colour palette, and short titles.
- AI-generated material: the U.S. Copyright Office's January 2025 report on copyrightability says material generated entirely by AI is not protected. Human authorship, such as your selection, arrangement or changes, can be.
Selling a physical artwork does not transfer its copyright. The buyer owns the object; you keep the right to reproduce it unless you sign that right away in writing.
How to copyright artwork in the US
You register a work with the U.S. Copyright Office online, through its Electronic Copyright Office system.
- Create an account on copyright.gov and choose the application type.
- Enter the title, year of completion, publication status and author details.
- Pay the fee and upload a digital copy of the work.
- Keep the confirmation; the certificate arrives once the application is examined.
| Application type (online) | Fee on copyright.gov, checked 23 October 2026 |
|---|---|
| Single Application: one work, one author who is also the owner, not for hire | $45 |
| Standard Application | $65 |
| Group of published or unpublished photographs | $55 |
| Group of unpublished works | $85 |
Timing matters. Under 17 U.S.C. § 412, statutory damages and attorney's fees are available only if the work was registered before the infringement began, or within three months of first publication. Registration within five years of publication also counts as evidence of your ownership in court.
Copyright in the UK and the EU
In the UK and the EU there is no official copyright register, so evidence that you made the work matters more.
UK government guidance says you get copyright "automatically" and "do not have to apply or pay a fee". EU member states work the same way. Private registration services exist, but they are not an official register and do not give you extra legal rights.
If you live outside the US, you do not need US registration to have rights there; the Berne Convention covers you. US registration can still be worth considering if your main market is the US and you expect to enforce your rights there.
How to prove you made the work
Keep a dated record of how each work was made, from first sketch to final file.
- Keep original files with their metadata, layered working files and RAW photographs.
- Photograph physical works at stages of progress, and keep sketches and studies.
- Record title, year, medium and dimensions for every work, in one consistent place.
- Publish each finished work on a page you control, with its title, year and your name.
- Save copies of exhibition listings, sales records and correspondence about the work.
For a full method of documenting and photographing physical artwork, see the Digital Original Standard.
How to license your art
A licence lets someone use your work on agreed terms while you keep the copyright.
A licence can be exclusive, where only one licensee may use the work in that way, or non-exclusive, where you can license the same work to others. Put every licence in writing, even for small uses.
- Use: exactly what the licensee may do, such as print, packaging, editorial or advertising.
- Media and territory: where and in which formats the work may appear.
- Duration: a start and end date, or the conditions for renewal.
- Fee: a one-off payment, a royalty per item, or both.
- Credit: how your name must appear next to the work.
- Changes: whether the work may be cropped, edited or combined with other material.
When you sell work through a platform, read its terms on reproduction rights. Some request a licence to show your images for promotion; that is normal, but the scope and duration should be clear. For a comparison of selling platforms and their fees, see the best places to sell art online.
What to do when someone uses your art without permission
Start with evidence and a direct request, then use platform takedown tools before legal action.
- Find copies. Reverse image search through Google Lens or TinEye shows where your images appear.
- Record the use. Save screenshots with dates and URLs before anything changes.
- Contact the user. Many cases end with a polite request to remove the work or credit and license it.
- File a takedown. In the US, the Digital Millennium Copyright Act lets you send a takedown notice to the website host. Most marketplaces and social platforms have their own copyright report forms.
- Get legal advice. For commercial misuse or repeated infringement, talk to a copyright lawyer. In the US, registration is required before you can file a lawsuit for a US work.
Where your website fits
Your own website gives each work a dated, public home that shows it is yours.
A professional artist website does not create copyright, and it does not stop copying. It does give every work a stable page with your name, the title and the year, on a domain you control. When you need to show where a work first appeared, that page is a clear starting point.
Digital Original builds that record into the way your work is presented. Each artwork gets its own page with title, year, medium and description, which also helps people find it; see how to write artwork pages for search. Work is shown in full quality with Deep Zoom on your own custom domain, and collectors can contact you or buy directly.
Digital Original
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