Licence or Copyright?
Are these two words new to you? or do you tend to confuse them? Confusion over the difference between selling copyright and selling a licence has the greatest potential to bring you heartache. It is essential that you address this subject in any contract or agreement. Many artists are intimidated by the contracts they receive from publishers and licensees. Others have no clue how to tap into this market. An understanding of the rudiments of copyright law is extremely important to any professional artist, whether selling original work or reproduction rights. Contracts vary awful lot in detail and one needs to be careful on how these points are addressed.
It is important to note that copyright nearly always rests with the artist, regardless of who owns the artwork. There are a few exceptions to this rule, such as work that has been specifically commissioned terms should be agreed with the ’employer’ via agreement. Creating original works requires a certain amount of time and effort. That having been said, it would be feasible for creatives to acknowledge the best way in which they can protect their work. Safeguarding your work will reduce the risks of your copyright becoming infringed.
Owners of copyright can sell reproduction rights, or a licence to print for specific projects while still retaining copyright. For example: an artist can sell the right to reproduce a picture on a run of a 150 editions while retaining overall copyright. This allows them to sell further licences, whereas once copyright is sold the artist has no say in how the image is being used.
Licensees might, want to prevent licensors from selling to competitors therefore would include restrictive rules and clauses in the contract. You need to consider any restrictive clauses carefully; try to assess if the proposed restriction is likely to deny future opportunities. The first thing to look out for before looking into any deal with a publisher, gallery, or any other company is their reputation and previous works with other artists.
How will the artwork be used?
In every contract you must always make it very clear if the image is to be published as a limited edition print, open-edition print, or as any other reproduction type. Some contracts state that production and marketing decisions are at a licensee’s discretion. Owners of copyright can sell reproduction rights, or a licence to print, for specific projects while still retaining copyright. This allows them to sell further licences, whereas once copyright is sold the artist has no say in how to prevent licensors from selling. You need to consider any restrictive clauses carefully; try to assess whether the proposed restriction is likely to deny you any future revenue.
Most contracts compromise a sentence confirming that the artwork is entirely the original work of the artist and does not plagiarise any other work, and that no one else has any claim on its copyright. This is a very important clause to look out for if you want to retain copyright and full ownership of your work especially when the work is being commissioned or site specific.
Common Scenarios
- Artists sell copyright outright. They have no control over the ways in which their artwork is subsequently used, and the new owner of the copyright is free to sell licences as they see fit and to retain all profits.
- Artists sell copyright for a specific limited purpose. Neither artist nor publisher/company can use image for any other purpose.
- Artists sells reproduction rights or a licence for a specific limited purpose. The artist retains the copyright and can continue to profit from it.
There is so much more to be said when it comes to copy right , Intellectual property rights and the differences with licensees in the artworld. We encourage you to be in know, do your research well and not just to protect but also to learn about new ways on how you can make use of your work. You art is valuable, protect it and put it to good use.
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