Copyright and Intellectual Property Rights in Art

Copyright in Art

Definition and Purpose

  • Copyright is a form of intellectual property which protects original artistic works.
  • It grants the copyright holder specific exclusive rights over their work, such as the right to reproduce the work, distribute copies, perform the work, and make derivative works.

Ownership and Transference

  • Copyright is automatically owned by the person who creates the artwork (the artist), unless it’s created as part of employment in which case the employer may own it.
  • Rights can be transferred in full or part to others, typically through contracts or licenses.

Duration and Renewal

  • For visual arts, copyright lasts for the lifetime of the artist plus 70 years after their death in the UK.
  • Copyright does not need to be renewed - rights are automatically protected from the moment of creation until expiration.
  • Unauthorised use of a work that is protected by copyright can be considered copyright infringement.
  • This might include copying a work, creating derivative pieces without permission, or distributing copies without consent.

Intellectual Property in Art

Scope and Protections

  • Intellectual property rights in the art world extend beyond copyright to include other forms of legal rights such as patents, trademarks, and design rights.
  • These rights protect a wide range of artistic creations, from design objects and brands to artistic processes and techniques.

Moral Rights

  • Moral rights, separate from copyright, allow artists to be recognised as the creator of a work and protect their work from derogatory treatment. These rights usually can’t be sold or transferred.

Trade Secrets

  • Trade secrets encompass any confidential business information that provide an enterprise a competitive edge. In the art world, this might include unique artistic processes or techniques.

Licensing and Revenue Streams

  • Licensing can provide additional revenue streams for artists. A license agreement grants another party permission to use an artist’s work in a specific way.
  • Licensing must be carefully managed to protect the artist’s rights and maintain the integrity of the original artwork.

Art Market and Legal Considerations

Authenticity and Provenance

  • Legal issues often arise concerning the authenticity and provenance of artworks. Buyers need reassurances that an artwork is genuine and that the seller has the right to sell it.

Fraud and Forgery

  • Art forgery and fraud are serious legal issues. These illicit practices involve the creation of fake art, the falsification of an artist’s work or altering of documents about an artwork’s lineage or origin.

Artist’s Resale Rights

  • Artists’ Resale Right (ARR), also known as Droit de Suite, is a right to receive a percentage of the resale price of an artwork, which applies each time the work is sold during the term of copyright.