How to protect your creative work

Ask FSB

Get small-business intelligence from the experts. Here's a chance for YOU to ask your pressing small-business questions, and FSB editors will help you get answers from the appropriate experts.

Your name:

* Your e-mail address:

* Your city:

* Your state:
Select Outside U.S. Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Dist. of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

* Your daytime phone #:

* Your questions:

More from FSB

Help wanted for HR firm A CEO and rodeo queen King of the mountain bike

Current Issue

(FORTUNE Small Business) -- Dear FSB: My wife paints and sells original artwork. What are the benefits and protections of signing and dating her work?

- Fred, Rosemead, Calif.

Dear Fred: Scribbling your name on your artwork may be the obvious way to say 'it's mine, not yours,' but from a legal standpoint, a signature won't fend off a fly in court.

"Signing the painting doesn't really have any copyright value at all," said Sergio Sarmiento, director of education with the New York chapter of Volunteer Lawyers for the Arts, an artist advocacy group.

Artists receive legal right to their work once their idea takes on a tangible form, but getting full protection requires registration with the U.S. Copyright Office, said David Spatt, a Rhode Island-based arts and entertainment lawyer. If you want to sue someone for infringing your work, you'll first have to register it.

For artwork made after January 1, 1978, the copyright lasts for the artist's entire life plus 70 years thereafter. Look under 'Visual arts' at the Copyright Office website for details on registering. The Artists Rights Society website is also an excellent reference on copyright issues.

There are also ways to stake an intellectual property claim beyond official government recognition. Jordan Kantor, associate professor at the California College of the Arts, encourages all his students to keep good records of what they've done.

"Documenting your work is very important," Kantor said, who suggests taking high-quality photographs of exhibited artwork.

Meanwhile, be careful not to step on someone else's IP toes, such as by copying purchased art.

"If I purchase a Hallmark card and I paint it, and someone owns the copyright to that image, I've infringed his copyright," Sarmiento said.

Those needing more help should consult with a copyright or arts attorney, or contact a local non-profit artist support group.