Owning An Artwork: What Rights Do You Own?
In this blog post, I want to share some simple, helpful information about artist copyright — basically the rules that help protect my artwork so others cannot use it without permission. Copyright might sound intimidating or super legal, but at its core it is really about making sure that the things I create — whether that is paintings, drawings, or digital work (such as some of the images on my website) — are respected as my own. I know many people can feel unsure about how it all works, so I thought I would break it down in a clear and friendly way. Think of this as a quick guide to understanding your rights as an owner of an artwork, without the confusing legal jargon.
I own an artwork but I didn't create it. What rights do I own?
If you bought an artwork, or were legally given an artwork as a gift to keep permanently, you only own the 'Right of Ownership' of the artwork itself. You do not own the Copyright in the artwork and you cannot do anything else with the artwork in terms of commercial exploitation if the creator of the artwork is still living or has passed away less than seventy years ago. For example: You can't create greetings cards or art prints of the artwork. It is illegal, unless you have written permission from the creator of the artwork.
Is it illegal to make an art print from a painting I own?
If the painting is still in copyright (and the copyright is owned by the artist) and the artist is still living, then it is illegal and you are not allowed to make, sell, distribute art prints or create reproductions for any purpose. It is an infringement of copyright law. You must contact the artist and creator of the painting and ask permission, if you wish to do these things. For a fee, you may be granted a license, subject to agreed terms between you and the artist, to produce, publish (online or otherwise), sell, rent, lend, adapt, or distribute a specified number for a specified time period.
How long does copyright last for on a work of art?
In the UK, the duration of copyright for a work of art lasts for the lifetime of the artist plus seventy years after their death. Once the artist or creator of the artwork passes away, his or her heirs can still control the various retained rights relating to it, including copyright, for another seventy years before it then becomes public domain.
The Right of Ownership
The 'Right of Ownership' means that you own the artwork you purchased (or were given legally, as a gift to keep) and can display it in your home or workspace. If the copyright is still in effect and is owned by the artist (i.e. the creator of the artwork) or by the estate of the artist if the artist is deceased, you cannot make reproductions of it and sell images of the artwork or control any other rights.
What if there's no copyright symbol, date, or name on the image?
Copyright protection exists automatically for the artist in the UK — there's no requirement for a Copyright symbol, date, or name to be present. So, even if an image doesn't display any of these, it doesn't mean the copyright has expired or doesn't apply.
What if I don't know who owns the copyright?
Not being able to identify or locate the copyright owner doesn't mean the copyright no longer applies. Works where the owner is unknown or cannot be contacted are referred to as orphan works. Under current law, these works cannot be legally copied or used without permission.
However, upcoming legal changes may allow people to purchase licences to use orphan works in certain situations. Until then, using such a work without permission — even if there's no clear evidence of who owns it — could still be considered copyright infringement.
Other Rights
Remember: owning a painting means you only have the Right of Ownership and nothing else. The artist retains the copyright and all other existing rights. These additional rights, that are automatically retained by the artist, include: publishing rights, reproduction rights, distribution rights, marketing rights, artist resale rights, rights relating to the painting when it is displayed online, projected publicly onto a surface or screen, or used in video recordings, television broadcast and film (either featured specifically or as background imagery in an interior set location, for example).
The Right of Attribution
An artist can assert their Right of Attribution on a painting, by including their name on the original painting or copy of it. They can also sign their name to anything else that is attached to the painting, such as the frame or a mount. It can also be asserted on any documentation provided with the painting.
Artist Moral Rights
There are four moral rights under UK law. These give artists legal rights, such as: the 'Right of Attribution'; the 'Right to object to derogatory treatment' that affects the artist's reputation; the 'Right to object to false attribution'; and the 'Right of Privacy' in films and photographs.
Mark Woollacott is a member of Artists' Union England, the trade union for visual, applied and socially engaged artists www.artistsunionengland.org.uk
Intellectual Property
All images, text, and design elements on this website are the intellectual property of Mark Woollacott unless otherwise stated. Unauthorized copying, reproduction, distribution, broadcasting or use of any content — whether for commercial or personal purposes — is strictly prohibited. Please respect English and international copyright law.