Chewing Pencils

Copyright must surely be one of the most misunderstood areas of the cartooning business. It’s hard for an artist to understand what his or her rights are, and even harder for clients to get their heads around it.

In my experience, copyright has caused more arguments than anything else. So it is fortunate that people like Paul Brennan can help us navigate through these murky legal waters. Paul has kindly given me permission to reproduce his article “Copyright Law for Cartoonists” below - if you would like more information about the topic or would like to reproduce any of this article, please contact Paul directly. Afterall, he owns the copyright…;)

Paul has authored a book called “The Law is an Ass - Make Sure it Doesn’t Bite Yours” that contains a wealth of legal information in easy to understand language with a bit of humour thrown in. It is a useful resource for any cartoonist or illustrator to have.

Click here for more information on Paul’s book.

Copyright Law for Cartoonists
 
The great thing about a cartoon is once drawn it can be sold again and again for years and years.  You have kept copies of the cartoons that you have drawn but do you have ownership?  Have you given it away?  Or did you not own it in the first place i.e. your boss owns it. 
 
If you draw good cartoons. Other people will want to own your cartoons.
 
At present you use “your” cartoons anyway and are never challenged.  But attitudes are changing.  Cartoons are “artistic copyright works”.  Such works are Intellectual Property (“IP”).  IP has been described as the 21st century’s competitive weapon.  People will start to enforce their IP rights over cartoons they own.  So will you.  Copyright is a very powerful protection.
 
Here are four things for cartoonists to know about copyright:

Automatic.  No registration or form of words is required to create a copyright work it is protected as soon as you produce it provided that it is original.

Protection lasts for the life of the author (i.e. you) plus seventy years.

International.  The powerful print, record, film and software lobbies have been successfully working with governments for years to have similar laws and conventions to enhance copyright protection.

Creating a copyright work costs nothing.  No registration fees.  No legal documents.
 
If you produce a great cartoon someone will copy it.  In fact the better the cartoon the more it will be copied.  Copying “original” cartoons is a “copyright infringement”. The easiest way to deal with this is violently.  However this is illegal even if it is comparatively cheaper than law.
 
Here are the defences that infringers use:
 
“You gave me permission”.  This can be implied which is a big problem for cartoonists.

“You copied me” or more simply “Prove you own it”.  Proving it can be costly and surprisingly difficult.  When your lawyer suggests that you call your mother as a witness you know that you are in desperate straits. 
 
Another defence often raised is “I didn’t know it was copied”.  However copyright infringement does not need intention - the act is enough.
 
Here are five things that you can do to protect your work:

Keep your rough drafts it is good evidence that you created it.

Use a copyright notice- © your name and year-you do not need to register there is no charge to do this just type it on.  This warns people that they are dealing with your copyright work.

Don’t assign your copyright work as that means you cannot use it again without permission.

Licence your copyright works.  This enables you to limit the use to a certain time, or country, or medium.

In Australia, if you create cartoons as an employee in the course of that business they belong to your employer unless you agree otherwise.

Don’t underestimate the power you have by telling a publication that they have used your work without permission.  You could force all the copies to be pulped and ruin the reputation of the person who supplied it.  Watch how you exercise this power as it can backfire.
 
A copyright infringement win can be very satisfying not only does it sound great but it gives the impression that there is something worth taking.  However do not expect a financial killing unless you have really suffered tangible loss.  I do not mean hurt feelings.
 
Finally, you will be relieved to hear that the quality of your cartoon is not put under the microscope.  In the law of copyright the courts protect your work however lousy it is.  However if your work stinks then the good news is that you do not have a copyright problem.  Copyright infringers are just too busy I’m afraid. 

© Paul Brennan
Brennans Solicitors and Migration agents
Tel: 61(0) 7-5444 2166
Fax: 61(0) 7-5444 4561
www.brennanlaw.com.au
PO Box 27 Mooloolaba
Queensland 4557 Australia