Arts Access Victori. Legal information for visual artists.

Retrieved from
https://www.artsaccess.com.au/legal-information-for-visual-artists/. On November 18,2018

Leonard D. Duboff, n.d.https://www.artistsnetwork.com/art-techniques/can-you-reproduce-a-

copyrighted-work-in-another-painting/ On November 18,2018

Leonard D. Duboff, n.d.Artist Network. Retrieved from https://www.artistsnetwork.com/art-

business/art-law/?lid=tamchar082312 On November 18,2018

Leonard D. Duboff, n.d.Copyright Duration. Retrieved from https://www.artistsnetwork.com/art-

techniques/copyright-duration/ On November 18,2018

Leonard D. Duboff, n.d. Copyright. Retrieved from https://www.artistsnetwork.com/art-

business/about-copyright/ On November 18,2018

Leonard D. Duboff, n.d. Fair use. Retrieved from https://www.artistsnetwork.com/art-

business/fair-use/ On November 18,2018

Alan Bamberger (2010). Work-for-Hire. Retrieved from https://www.artistsnetwork.com/art-

techniques/work-for-hire/ On November 18,2018

Leonard D. Duboff, n.d. Art Busrness. Retrieved from

https://www.artbusiness.com/reprosuit.html On November 18,2018

Gov.ph, n.d. Copyright, Ownership and Rights

https://www.ipophil.gov.ph/services/copyright/ownership-and-rights On November 18,2018

1. Copyright for visual artists

-Copyright is the legal protection extended to the owner of the rights in an original work.

Visual artist have the right to:

 reproduce or copy their work;

 publish their work in a book, magazine or newspaper; and
 communicate their work, for example, put their artwork on the internet.

Who owns the copyright the creator or the buyer?

-Copyright nearly always rests with the artist, regardless of who owns the artwork.
-Copyright and employed or commissioned visual artists
> work that has been specifically commissioned or completed during
employment, in which case copyright stays with the commissioner or employer.
Copyright protection extends to creative work such as:
- art,music, literature and computer software. Creative work includes paintings, drawings,
sketches, photographs, collages and sculpture.

The protected work need not be unique.

To defeat the defense of innocent infringement

- it’s either the word “copyright,” its abbreviation “copyr.,” or the international symbol
“©,” plus the copyright owner’s name and the year in which the work was first published or
exhibited.

What is the duration of the Copyright?

-As of the date of this writing, the period of protection for an individual is the life of that
individual plus 70 years.

-For a work created anonymously or under a pseudonym or a work created by an employee of a

business entity, the period of protection is 95 years from first publication or 120 years from
original creation, whichever period expires first.

2. Moral rights for visual artists

Moral rights are personal rights that connect the creator of a work to their work. Visual artist’s
moral rights mean that:

 people must know the creator of the work if it is shown in public;

 no one else can be named as the creator of the work of art other than the artist
him/herself; and
 the artist’s work cannot be treated in a way that hurts their reputation.

3. Reproduction rights

Owners of copyright can sell reproduction rights, or a licence to print, for specific projects while
still retaining copyright.

Fair use doctrine

 Court must evaluate at least the following four factors:

The nature of the work being copied

intended the work to be copied (e.g., a book of patterns or of clip art) or
not to be copied (e.g., a consumable such as a workbook);
The nature of the use
whether the unauthorized use is transformative (adding new value, such as using quotes
from an art book in a review of that book) or
merely provides a substitute for the protected work;

The extent of copying

copying a significant portion of the work or even a small portion that is the “heart” of the
copied work will generally not be fair use;

The effect the copying will have on the copyright owner’s market
whether the unauthorized use will deprive the copyright owner of a sale.

Can You Reproduce a Copyrighted Work in Another Painting?

-Reproducing a copyrighted work as a smaller element in another work of art, whether as
a stand-alone piece or as part of another work, would ordinarily be an infringement because the
reproduction would be a substantial copy of the original work.