USA – FLORIDA Law and Practice Contributed by: Diego R. Figueroa Rodríguez, DLA Piper
Copyright and Moral Rights in Florida are governed by federal law. For more in-depth information, please refer to the USA Practice Guide. 2.2 Copyright in Collaborative Artworks Collective Artworks A collective artwork, such as a large community mural in which individual contributions are combined into a single work, may have dual copyright. The compiler owns the rights to the overall arrangement, while the contributors retain the rights to their individual and independent contributions. Unless otherwise agreed, the compiler is presumed to have the non-exclusive right to reproduce and distribute the contributions within the work, its revisions or later works in the same series. Joint Artworks Unlike a collaborative artwork (which comprises dis - tinct, separate parts), a joint artwork is created by two or more authors with the intention of merging their contributions into inseparable or independent parts of a single work. For instance, in a mixed-media artwork that combines various artistic skills (such as a sculp - ture created by one artist and painted by another), each artist shares equal undivided ownership of the entire copyright, regardless of the size of their contri - bution, unless otherwise agreed. Each artist has the right to use, license, or transfer their interest to third parties without permission from the other, but they must share profits. Copyright in Florida is governed by federal law. For more in-depth information on how the Copyright Act covers this subject, please refer to the USA Practice Guide. 3. Protection Against Plagiarism 3.1 Legal Consequences of Copyright Infringement Infringing on the copyright of an artwork, such as reproducing it without the owner’s permission, can result in substantial civil and criminal consequences. These consequences may include statutory fines ranging from USD750 to USD30,000 per work, or up to USD150,000 for willful infringement. Additionally,
the infringer may face court-ordered injunctions to cease the infringing activity, seizure and destruction of the infringing materials and actual and pecuniary damages. Furthermore, the infringer may face crimi - nal charges, including up to five years in prison, fines of up to USD250,000 and attorneys’ fees and legal costs. Copyright in Florida is governed by federal law. For more in-depth information on how the Copyright Act covers this subject, please refer to the USA Practice Guide. 3.2 Registering Artwork Registration is a straightforward process that can be completed online through the Electronic Copyright Office (eCO). Once your artwork is finalised and fixed in a tangible medium, you can register it with the US Copyright Office by filling out an application. This application requires uploading a digital copy of your artwork, providing its details and paying a filing fee. The fee for online registration is currently between USD45 and USD65, while the fee for paper registra - tion is USD125. After submitting the application, the Copyright Office reviews it and issues a Certificate of Registration, which typically takes about three months. However, copyright protection becomes effective on the date the Copyright Office receives the completed application, not when the certificate is issued. While registration is not mandatory for copy - right protection to attach, it is a prerequisite for filing a federal lawsuit for infringement. It also offers some benefits, such as allowing the artist to claim statutory damages and attorneys’ fees, depending on the tim - ing of the registration and creating a public record of ownership. Collective Artworks Both the compiler and the individual contributors may register the artwork. Joint Artworks One or more authors can register, but all authors must be listed.
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