![]() ![]() If you would like Arts Law to review your contract submit your details here. If an artist has already created an artwork and a person or business wants to reproduce or communicate it, the Arts Law Copyright Licensing Agreement would be more appropriate to use.Īrts Law always recommends you have a lawyer look over your finished contract to check if the terms are fair and cover you for what you need. If the creator of an artistic work is an employee, then the employer would own the copyright in the work.Īrts Law has a Commissioning Agreement – Private or Commercial Visual Artwork which should be used where an artist is commissioned to create a new work however is not granting the commissioner any rights to reproduce and communicate the artwork.In these cases, the commissioner owns copyright in the commissioned work. If a person pays (ie commissions) someone else to take a photograph for a private or domestic purpose (eg wedding photographs), or to paint/draw a portrait, or to make an engraving.However, the commissioner would not be able to use it for any purposes beyond that, for example on tea towels, without the artist’s permission. So, if for example you are commissioned to create artwork for use on cushions, then the commissioner can use the artwork on the cushions. Implied copyright licence - Artists should understand that while a commissioner does not automatically get their copyright, what the commissioner usually gets is an implied copyright licence from the artist to use the work for the purpose for which it was commissioned.There are some exceptions to this for example: communicate to the public((make available online or transmit electronically, eg by broadcasting, email or on the internet). ![]() publish for the first time( (supply reproductions to the public by sale or otherwise excludes exhibiting an artistic work). ![]() Things to think about when you’re being commissionedĭid you know that when an artist is commissioned to create an artistic work, as the creator, generally the artist will still retain the copyright? The sale of an artwork transfers ownership of the physical artwork from the artist to the commissioner but the commissioner does not automatically get the right to exercise the copyright.Ĭopyright owners have the exclusive right to deal with the artwork in the following ways: There is also an option for selling a physical version of the artwork to the commissioner for example a canvas. These include upfront payment, payment according to milestones, royalties or a combination of these. The contract has different options for payment to the artist. to apply to merchandise (such as t shirts, tote bags or other merchandise). ![]()
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