An artist earns a copyright the moment he or she fixes their particular method of expression in a tangible medium. In other words, once you paint it, draw it, sculpt it, or otherwise create it, you have copyrights in it.
US Copyright Office registration is nice, and has all sorts of benefits, as we will discuss in a future post, but a lack of such a registration does not in any way denude an artist of his or her rights. Perhaps TopShop and Kuccia, the parties responsible for the below rip of original art by Sugar Bones (her real art), were unaware of how copyrights accrued, or maybe just thought we wouldn’t notice.
But, here we are, another fast fashion company playing fast and loose with an artist’s intellectual property rights. A comp of the TopShop / Kuccia garment and Sugar Bones’ artwork is below (click for detail):
- ATTORNEYSCOTT / scott@copyrightLA.com