Who owns commissioned artwork

But what about on your website as part of a photograph? What about using it in promotional material? What happens if the painting becomes synonymous with your brand? Without a clear contract, these issues can be unclear and the court can be left to sort it out looking at the various communications the two sides had in the run up to the deal. This is where a real contract steps in. A real agreement eliminates those ambiguities and does two simple things:. This is why such contracts are a good idea before taking on any commissioned works.

It lets both parties know exactly what their rights and expectations are in advance and protects everyone involved when done well. Ideally, you should have a lawyer draft a contract that you can use with your clients or at lest have one vet and approve of a stock one you plan on relying upon.

Such a service is typically very easy to get at a reasonable price and can save significant headaches down the road. After all, no one wants to have a disagreement over copyright or licensing be the reason a sale falls through. Though, in the absence of an agreement the artist has the advantage and almost always retains the copyright, a legal headache that can be avoided is time, money and energy saved. Misunderstandings can result in bitter feelings, negative reviews and a harmed reputation.

In , a lawsuit is just one way a disgruntled customer can harm you. Though laying out expectations in a formal contract may seem crass and formal for what is so often an informal transaction, it clearly beats the alternatives. Copyright ownership legally prevents any third party from. All forms and media are eligible for copyright as long as they are deemed original.

Appropriation, sampling, and sourcing from existing work broadens our views and interpretation of originality and while there is no fixed definition of original it usually means a fair degree of labour, judgement and skill and not copied from another source.

Ideas and principles underlying a piece of work are not protected, for example, Christo does not have copyright on wrapping.

Copyright arises spontaneously on the creation of a work there is no registration required. Misunderstandings as to ownership can arise when a work is commissioned. Commissioners often assume because they paid for the work they own the copyright. This is not the case. The copyright remains with the artist unless it is assigned to the commissioner in a written agreement.

You can use an artistic work for certain purposes such as educational use, research or study or criticism or review. For more information see Using Copyright Material. You must properly acknowledge any artistic work that you use. Physical ownership is different to copyright ownership. Copyright is generally owned by the artist or creator of the work, but it can vary depending on factors such as employment or licensing agreements - see Ownership of Copyright for more information.

When you purchase an original artwork, you will only own copyright if there is an agreement to that effect. If a photograph , portrait or engraving is commissioned for a fee, then the person commissioning the work will own copyright unless an agreement is made. Copyright owners of artistic works hold the right to reproduce, publish, communicate or broadcast their works.