Copyright

Copyright is a right granted to creators under law. Copyright in all artistic works is established from the moment of creation - the only qualification required is that the work must be original. There is no registration neccesary; copyright comes into operation automatically and lasts for the lifetime of the creator plus a period of 70 years from the end of the year in which he or she died. After the death of the artist, copyright in his or her works is usually transferred to the artist's "heirs" or beneficiaries, who then become the copyright owners. When the 70-year period has expired, the work enters what is called the "public domain" and no longer benefits from copyright protection.

The copyright owner has the exclusive right to authorise the reproduction (or copy) of a work in any medium by any other party. This includes storing a work in electronic form. Any reproduction can only take place with the artist's consent. Permission is usually granted in return for a fee, which enables the artist to derive some income from the use of his or her work by others.

If an artist is commissioned to produce a work, he or she will usually retain the copyright unless an agreement is signed which specifically assigns the copyright. When artists are employees and create work during the course of their employment, the employer retains the copyright in those works.

Moral Rights

Moral rights are personal to the artist and cannot be assigned; however, they can be waived. The two principal moral rights are the paternity right (the right to be identified as the creator of a work) and the integrity right (the right to object to derogatory treatment of a work). These rights last for the life of the creator plus a period of 70 years from the end of the year in which the creator died. On death these rights are conferred onto the creator's heirs or beneficiaries.

Sale of Works

When an artist sells his or her work, they normally retain the copyright unless they sign an agreement to the contrary and make an assignment. An assignment of copyright must be in writing. If an artist makes an assignment, he or she loses control over the way in which the work is reproduced and by whom, and is no longer entitled to any income for the reproduction of the work. The owner of a physical work does not automatically have the right to reproduce it. Permission to copy must always be sought from the artist.

Source: The Design and Artists Copyright Society Limited (DACS)

This information is to be used as a general guide regarding copyright. We are in no way responsible for its interpretation or misuse.

Other Useful Sources

Canada Copyright Act : http://laws.justice.gc.ca/en/C-42/

U.S. Copyright Office: http://www.loc.gov/copyright/

The Design and Artists Copyright Society Limited (DACS) : http://www.dacs.co.uk/