
Copyright Doesn't Mean Safe: the Cost of Not Registering
Mahalia Crotz-Kerbs
It’s widely known that the moment you create your art it’s automatically copyrighted. But—is it protected?
Under U.S. copyright law, your original work is protected the moment it's “fixed in a tangible medium.” That sounds reassuring. Yet in practice, this automatic protection offers little help if someone steals your art, claims it as their own, and registers it before you do. And yes—this happens more often than we’d like to believe.
The Honor System Is Broken
The creative world runs on trust. We post, we share, we build visibility. But the reality is not everyone respects the honor system. Some people see unregistered art as an opportunity—not to admire, but to exploit. And when they act first, the law may take their side.
Current U.S. law connotes, the person who registers a copyright holds the official claim—unless proven otherwise. That burden of proof? It falls on you, the original artist, to convince the courts that you're the rightful owner. Without registration, you can’t file an infringement lawsuit. You won’t be eligible for statutory damages or attorney’s fees. And you might lose your rights entirely if the infringer outmaneuvers you on paper.
Document, document, document!
When Theft Becomes Strategy
This isn’t just about accidental copying or over-inspiration. There are bad actors who intentionally browse for unregistered work. They reverse-engineer your style. They download your creations. Then they register those works under their name—gaining the legal appearance of authorship. It’s copyright fraud. But until you challenge it with your own registration, the law may treat them as the rightful owner.
Worse yet, they can enforce that fraudulent copyright against you—issuing takedown notices, flagging your Etsy store, or demanding credit and compensation. This isn’t a hypothetical. It’s happening in art communities, digital marketplaces, and even licensing agencies.
Why Timing Matters More Than Talent
Talent creates the art. But timing secures the rights. Artists who wait to register their work are playing defense with no armor. It’s a silent risk that turns into a public loss—especially when your work gains attention or commercial value.
And you never know when that moment will come—or who it will come for.
Let’s look at the infamous Bread Tag Scandal on TikTok. One artist—we’ll call her Art Doe—made unique bread tag art, creating light switch palettes and similar pieces. Another creator, Birdie, saw the work and was inspired. She reached out, asking if she could make her own version for a personal project. Art Doe responded generously, saying Birdie was free to do so, and added, “I don’t own bread tags.”
That one sentence became the undoing of her claim.
Birdie’s bread tag creations went viral. Soon after, a third party—Collette—joined Birdie in a collaborative project. They produced hair clips and wall hangings, and Birdie was publicly credited as the original creator. When Art Doe tried to speak up, the damage was done.
Copyright Doesn't Mean Safe cont...
Consider the problem: Even though Art Doe didn’t invent bread tags (no one claims she did), she did create a unique expression and transformation of them. That’s what copyright protects. But because she didn’t register her work—and explicitly denied ownership in writing—there was no legal claim left to stand on.
Never relinquish claim to your art.
(For a deep dive, watch YouTuber MARKIE’S breakdown: DIY TikToker Responds After Being Called Out for “Stealing”. Though it does not have any substantive answers to copyright law and infringement, it does bring up some interesting questions)
Early Registration = Legal Leverage
Registering your work early creates a legal paper trail. It flips the burden of proof back where it belongs—ont the infringer. It tells courts, platforms, and publishers: This is mine—and here’s when I claimed it. Without official registration, even clear authorship may not stand up in court.
Real-Life Stakes for Real Artists
Let’s not forget the Warhol Foundation ruling. This was a landmark moment that shook the creative world:
- "Supreme Court sides against Andy Warhol Foundation" – NPR
- "Did Andy Warhol Violate Copyright Laws?" – Tishkoff PLC
- "Andy the Appropriator" – Columbia Journal of Law & the Arts
Before the ruling, some argued that Warhol's fame and “transformative” touch should shield his reinterpretations thus, giving him licensing and copyrights over other artist’s works and asserting his estate's copyright against the artist he had infringed upon, over said “transformations". But the Supreme Court ruled against the Foundation, affirming that even Warhol was not above copyright law. Justice Elena Kagan, in her dissent, warned that this would “stifle creativity of every sort.” But for many of us, the ruling was the release of a breath we didn’t realize we were holding. It was a moment of long-overdue fairness—the first real shift towards balance for under-credited and under-protected artists.
Now, I argue. Had the ruling been in favor of Warhol’s infringement, it might have opened the floodgates for even more unregulated infringement––especially in an era where artist are already threatened with AI scraping, content farming, and appropriation masked as “inspiration.” Instead, the court sent a clear message, for now: minimal transformation is not immunity, and fame does not equal authorship.
⟡ The Myth of “Good Enough” Protection
Many artists believe that posting online, signing their name, or saving a time-stamped file is “good enough.” It isn’t. None of those methods carry the legal weight of a registered copyright certificate.
And the bad actors know this.
Take the case of someone I will call Book Doe, a creator on YouTube whose Amazon account was suspended for copyright infringement. She had used artwork from Canva to design low-content journals. Canva, while useful, has a known issue: some art on the platform has been stolen from unsuspecting artists. Even though Canva offers usage licenses, they claim to give copyright to users. However, unless they have a valid transfer of copyright, those licenses don’t hold up should the original artist asserts their claim.
In Book Doe’s quest to recover her account she discovered—after a painful legal back-and-forth—that one of her designs had already been registered by its rightful creator. In another instance, a separate image had been clawed back by the original artist after finding it illegally listed on Canva.
But here’s the twist: Book Doe is an artist. She ended up recreating the artwork herself and relisting the item. But instead of using that moment to grow, she started uploading videos teaching others how to copyright work that wasn’t theirs, just by registering it first.
When challenged, she defended herself with the argument that, “I have legally copyrighted 150 covers with my attorney and CANVA’S PERMISSION! You can only litigate if you have the copyright registration!” And in a tragic way, she wasn’t wrong. If the original artist didn’t register or document their work properly, they’d have a steep uphill legal battle to reclaim it.
Even a Flawed System Protects the Prepared
Copyright registration isn’t perfect. The U.S. Copyright Office does not verify visual similarity—only titles and descriptions. This means two people could technically register the same art under slightly different descriptions.
But the law still favors the one who files first, especially when that registration is backed by a strong body of evidence: sketches, timestamps, raw files, concept notes.
That’s why the burden of protection is still worth bearing.
Practical Steps to Protect Yourself
This article builds on a critical chapter inside The Artist Guide: Protect Your Work, Own Your Future, (TBA). In the guide, I walk you through the copyright registration process step-by-step—with screenshots, templates, and examples.
You’ll learn:
- When to register and why timing is key
- What to include in your application
- How to register a body of work, not just a single image
- What happens after filing—and how to track your certificate
Don’t wait until you’re fighting to reclaim your name. Make registration a regular part of your creative process—not your emergency response.
Creative Covenant
“Give justice to the weak and fatherless; uphold the rights of the wretched and poor.”
—Psalm 82:3, CJB
The system may favor the prepared, not the just. But we are not without remedy. Artists are called to protect what we’re entrusted with—and registration is an act of justice in defense of our gift.
