If You Sell a Work of Art Does the Purchaser Own Both the Art and the Copyright to the Art
Before nosotros get into this though – a declaimer. I am not a copyright lawyer. I've been to a few courses, read some articles, done some research, and had some conversations. While each case will be complex, the basic concepts are pretty simple. So in this is the uncomplicated version. If you are in doubt about being on one end or the other of a copyright infringement so seek communication. For further information nigh copyright, see the website http: www.copyright.org.nz
As with most laws in New Zealand you, or the other party, are not in breach of copyright law unless a courtroom rules yous are. Yous tin can read the act and get a pretty good idea if you volition, or will not, be in breach but until the matter is bought to a court for a determination, in that location is no breach. Of form it is a adept idea not to become to that stage.
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The Basic Principle
The basic concept of copyright is that the creator (or the employer of the creator) holds the sole right to brand, reproduce, or distribute the product (or anything essentially like) they have created. This right lasts 50 years afterwards the decease of the creator in the case of art.
Copyright is automatic. It doesn't have to exist practical for or registered or claimed (except in the USA). The artist doesn't have to put the petty c in a circle to own the copyright. They own the copyright whether the symbol is there or not. The Copyright Council recommend that information technology is used though as it is similar a modest sign that says "I know I take the copyright here"
For a work to exist protected by copyright information technology must be "a production of the creator exercising independent skill and labour" (thanks NZ Copyright Quango).
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When you buy a piece of art you don't buy the copyright with it
Fine art gets a special mention in the Human action but the basic premise of the creator holding the rights to copy still holds true. Let's say you buy a painting. You have bought the painting Non the copyright to the painting.
You lot accept the painting to hang wherever you lot like (even in public), enjoy it and even resell information technology. Only you don't own the right to copy information technology past either getting prints fabricated of it, or painting a replica, or taking as photo of it and selling the photo. That right continues to be owned by the artist.
There is 1 slightly dissimilar circumstance; if the painting was commissioned by the buyer then the heir-apparent owns the copyright. The artist must so get the permission of the heir-apparent to do whatever reproductions OR have a prior agreement in place with the purchaser where the creative person retains the copyright.
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The Artist tin can do reproductions of what you accept bought
The artist tin can make and sell reproductions of the painting you have bought (unless it is a commissioned work as discussed above). Or they make derivatives of the work. The copyright law doesn't require them to tell you they are doing this. They simply can because it is the right enshrined in the police force for them to exercise. Proficient and accepted practice might dictate that they do tell yous only we are merely talking copyright hither. In that location seem to be ii schools of thought on this: The i that thinks the original is worth more if it is the simply version in beingness and the school of idea that holds that the more widely known the artist is then the more valuable the original piece becomes.
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A substantial amount has to be copied to be in breach.
There is a myth that a creator of a piece can copy another'southward piece of work if they just change 10% of it. Nope. The actual examination is much fairer on the original creator than that! A breach judgement will consider if the work has had a substantial amount copied. But it doesn't need to be a large amount to be a substantial corporeality. For case a painting may accept a very recognisable character/motif as the core characteristic but information technology but occupies 15% of the canvass with the balance existence groundwork or context. The cadre character /motif would still be judged every bit being a substantial function of the artwork therefore can't exist copied.
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Some things are not protected by copyright.
Copyright does non protect titles, unmarried words, ideas, styles or techniques -only the work itself.
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You can do some copying
The human activity does lay downwardly some areas where it is ok to copy the work of others: To written report, criticise or review it, for research and private study or instruction of others, and public administration purposes.
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Images from the net are not exempt
You can't download an image from the internet and reproduce it in whatever way unless it is for the purposes in point 6 above or if you buy a license to reproduce it. The same copyright protection applies to internet published images as any other product enjoys.
Artists will often use internet derived images to research how to represent something in a painting - that is most likely fine under the "inquiry" imprint. Painting that exact image all the same may result in a breach nether the substantial amount banner.
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Photographing art can exist a alienation of copyright
In all cases yous need to have got permission from the gallery but, permission or otherwise, the Act can see this in many means. As with a lot of things – it depends...
Call back though that you have not "breached copyright" until a court has adamant that you accept.
If the photograph is to show people what a wonderful painting you saw at Macandmor so you are not likely to exist sued for alienation of copyright.
If information technology is to brand a re-create of it and put it on your wall then you accept breached copyright – y'all accept prevented the artist making some money from it. Even if you don't sell the copies yous make.
If information technology is to post on the internet – and so technically that could be a breach as well (in that you have distributed a copy of the piece of work) merely not a breach that is likely to be objected to. The artist has a specified correct to be named (or non named if they object to how their name will be used).
In that location you lot get only not the end of the story.
Uncomplicated really and mostly how a fair and reasonable person would await. This commentary is in my words (so equally to not alienation copyright) just the websites below have been helpful sources of data. There is a whole other discussion after this though about trademarks, inspiration, influence, artistic copies, fraud, and plagiarism - a lot more complex than this one!
Merely a note about the images. The top ane is a Banksy mural where he has used the motif of some other mural creative person, Jean-Michel Basquiat . Banksy famously attests that Copyright is for losers.
The rat with the Mickey Mouse ears is also a Banksy. Copyright law in the US, and therefore around the world, keeps having the period information technology applies extended considering of Mickey Mouse. As information technology gets closer to the date where Disney'south copyright on Mickey will end then the government is lobbied to change the law. That time is approaching again now. http://alj.orangenius.com/mickey-mouse-keeps-changing-copyright-law/
The other images are from Burst, https://outburst.shopify.com/ , and Pexels, https://www.pexels.com/
https://copyright.co.nz/understanding-copyright
https://janefriedman.com/the-fair-use-doctrine/
And this might be of interest...
http://www.artpublish.com/copying-homage-plagiarism-fraud/
Source: https://macandmor.nz/blogs/news/thats-copyright-right-8-basics-that-art-buyers-and-artists-should-know
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