Understanding the cartoon copyright laws and the copyright process. Transferring limited rights.
Cartoon Copyrights are Serious Business.
Take time to learn about copyrights and understand the rights you purchase.
This page only scratches the surface of copyrights and is only meant to explain basic ideas.
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 A copyright is basically your right to copy a piece of work that you have created. As soon as you create the piece of work it is automatically copyrighted, and you, the creator, own all rights to that piece of work. Federal copyright laws protect you by not allowing anyone to copy your work without your permission. A copyright gives you the opportunity to charge someone for the use of your work. It also allows you the ability to deny someone the use of your work. The contents of this web site are protected by international copyright and trademark laws. Unless otherwise indicated, The Curtoons Cartoon Company remains the owner of the copyright to the images contained herein. Any cartoon design not owned by Curtoons but created by Curtoons may be posted on this web site, for promotional and portfolio purposes. You are not permitted to copy, reproduce, upload, modify or distribute, in any manner, any textual or graphic material on this web site without the expressed consent of The Curtoons Cartoon Company. Penalties for copyright infringement and violation can be severe and I will prosecute to the fullest extent of the law.
Works created by freelancers are owned by the creator unless they have signed their rights away. As a rule, most clients acquire limited licenses, not "all right, title and interest" in your work. For example, the custom in the magazine industry is that absent explicit language to the contrary, only one time reproduction rights are sold. Freelance cartoonists should attempt to limit the rights granted under written agreements. For example, instead of a one time flat fee buy out, negotiate a royalty and/or performance bonus tied to sales goals. Alternatively, restrict the grant of rights to specific, limited uses, time periods, or territories. Rights can also be granted on an exclusive or nonexclusive basis. Some agreements provide for a reversion of rights if certain sales goals are not met. Remember, copyright is actually a bundle of rights, which can be sold outright or limited in any number of ways. Agreements should say that full payment is a prerequisite to any transfer of rights. That way, if a cartoonist is not paid and the work is used without permission he or she can sue for infringement. Unlike most litigations, in copyright infringement cases the copyright owner can obtain attorney's fees and statutory damages. More Copyright info on these sites: • U.S. Government Copyright Website • Are You a Copyright Criminal? • 10 Copyright Myths Explained |
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