What is the scope of copyright protection for artwork?
In Wisconsin, copyright protection is granted to all original artwork, including paintings, sculptures, drawings, photographs, prints, and other images. The copyright protection covers both the physical artwork itself and any images, replicas, or reproductions of the artwork. Copyright law grants the creator of an original artwork the exclusive right to reproduce their work. This means that without the artist’s permission, no one else can reproduce the artwork in any way, including digitally. The artist also has the exclusive right to display and distribute the artwork. The copyright protection afforded to artwork is limited in scope. It does not extend to the ideas, processes, or elements of the artwork shared by others or already existing in the public domain. For example, if an artist paints a picture of a mountain, the copyright protection does not extend to the concept of a mountain or the unique elements of that mountain already known to the public. The copyright protection for artwork also generally does not cover fashion designs, which typically are regulated under the laws of design patents and trademarks. Additionally, some states have laws that restrict the use of photographs or images of certain types of artwork, so it is important to check with the state laws when considering reproducing artwork.
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