Showing items tagged "Copyright, IP and artist rights"
My gallery had agreed to return my work months ago but now they seem to have lost it.
Where a gallery holds works that are owned by the artist, the gallery holds them as a “bailee” under what is known…
Selling artists’ moving image
This article addresses important points to consider when selling artists’ moving image. It was written by artist and film maker Stuart Croft (1970 – 2015). How do artists sell film & video work? To overcome the…
Fair Use?
‘Copyright protection finds its justification in fair play. A person works and produces something. The product of his skill and labour ought to belong to him … It has long been recognised that only the original author ought…
If my gallery is based abroad who will decide in case of a dispute?
In the case of two parties located in different countries – say the artist in England and a gallery in the USA – a vital term…
Renting Art: Borrowers and Lenders Beware
Borrowing and lending art is generally a good thing. The practice can increase and broaden access by spectators who might not otherwise be able to experience directly the creative act. It can also generate…
Moral Rights: A Suitable Case for Treatment?
Artists’ moral rights laws have been in force in the UK since 1989. Have they been operating well for the past twenty odd years, or is there room for improvement? This question is…
Claiming money owed to you through the Courts
If you are owed a small amount of money you have two choices, you must either persuade who owes you money to do so amicably, or you must take court action. As…
Gallery of Lost Art
Summer 2012 in the UK was notable for the opening of two unique exhibitions with closely related themes: invisible art and lost art. On 12 June London’s Hayward Gallery opened ‘Invisible: Art About the Unseen 1957…
If I use a pseudonym can I sign documents and contracts with a gallery under my legal name?
Historically there have been many artists who have signed their works without using their full legal name, or any part of it,…
Will I be able to exhibit and sell photos of my performance if I haven’t taken the pictures myself?
The photographer will automatically become the owner of the copyright and moral rights of the photographs (which empower the photographer to…
Editions or Series: Picking Up The Pieces
A century ago Marcel Duchamp toyed with the idea of creating a box to hold notes and sketches for his works which eventually resulted in The Green Box, 1934, containing notes for the…
What is Sculpture?
On 27 July 2011 the UK Supreme Court (UKSC) handed down a landmark judgment that decided the legal meaning of sculpture in UK copyright law. The significance of this decision is far reaching, because UK law operates…
Is my work protected by copyright or design rights?
This is a question that is not always easy to answer as there is a significant overlap between the two. Own It have written a downloadable pdf that attempts to reply to…
Performance Art and The Law
The resurgence of performance related artistic practices over the past decade raises complex aesthetic, legal and, at times, ethical questions regarding the protection, authorship and ownership of the ‘works’ generated through these artistic practices. The…
Your legal rights as an artist
As an artist, you have specific and well established legal rights. It’s important to know what these when you start out in the art world. Key legal issues that you should be aware of…
The Length of Copyright
The Duration of Copyright and Rights in Performance Regulations 1995 implement EU Council Directive No 93/98/EEC and the European Economic Area 1993, which harmonise protection of copyright and certain related rights. In effect, they extend the…
Can I sell my copyright?
Copyright can only be ‘assigned’ (sold or given away) by the execution of a written document signed by the copyright owner. It is not advisable, however, to assign or otherwise dispose of your copyright over…
Appropriation Art and Fair Uses
‘Immature poets imitate; mature poets steal.’ So wrote TS Eliot in The Sacred Wood in 1920. His epigram was probably adapted from Igor Stravinsky’s comment that ‘a good composer does not imitate; he steals’, as…