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Copyright, Counterfeit, Piracy: What You’re Actually Looking At

Jen Durant, Artist Community Manager
These terms get used interchangeably online. Artists usually need clear categories so the response matches the problem.

Copyright

Copyright protects original creative work once it is created and fixed in a tangible form. In many countries, including the US, protection exists automatically at creation. Registration can still matter for enforcement.

In the US, copyright registration is generally required before filing an infringement lawsuit in federal court.

Counterfeit

Counterfeit refers to fake goods. Physical products using your artwork or brand without permission, sold commercially.

Examples:

  • Your art on t-shirts, hoodies, mugs, blankets, posters, phone cases
  • Product listings that imply legitimacy or ownership they do not have
  • Multiple sellers using the same images and mockups

Piracy

Piracy usually refers to unauthorised copying and distribution of digital content.

Examples:

  • Downloads of your digital files without permission
  • Unauthorised reuploads of image files for mass sharing
  • Distribution of a digital product where the value is the file itself

Why the category matters

Different problems run on different rails:

  • Counterfeit usually involves products, sellers, and commercial scale
  • Piracy usually involves file sharing and digital distribution
  • Copyright is the legal framework underneath both

The right response starts with naming the situation accurately.

Related reading

If your work is showing up on physical products you did not authorise, Edwin James IP helps artists stop counterfeit and recover earnings, with no upfront cost.

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