Copyright Law in Ireland for Artists
Copyright is one of the principal legal protections available to artists. It can determine who may reproduce an artwork, publish it online, use it in a book or catalogue, make prints or other reproductions, or otherwise commercially exploit the work.
An important distinction is that ownership of an artwork and ownership of the copyright in that artwork are separate things. Buying a painting, drawing or sculpture does not ordinarily mean that the purchaser acquires the copyright in the work.
O’Connor & Bergin Solicitors advises artists, collectors and others involved in the art world on copyright, licensing and related intellectual property issues.
Copyright Protection for Artworks
Copyright in Ireland is principally governed by the Copyright and Related Rights Act 2000, as amended.
Copyright protection arises automatically where the relevant legal requirements are satisfied. There is no system of copyright registration required in Ireland before an artist can obtain protection.
Copyright can apply to many forms of artistic work, including paintings, drawings, photographs, sculptures and other visual works.
Copyright protects the expression of a work rather than an idea in itself. The distinction between an idea and its expression can become particularly interesting in contemporary and conceptual art.
Who Owns Copyright in an Artwork?
The artist who creates a work will commonly be the first owner of copyright, although there are important exceptions and the position can also be altered by agreement.
Copyright can be assigned or licensed. Questions concerning ownership can therefore become particularly important where work has been commissioned, created in employment, produced collaboratively or made pursuant to an agreement with a gallery, publisher or other organisation.
Clear written agreements can help establish who owns copyright and what each party is permitted to do with the work.
Selling an Artwork Does Not Necessarily Transfer Copyright
The sale of the physical artwork and the transfer of copyright are distinct transactions.
A collector might therefore own the physical painting hanging on their wall while the artist continues to own copyright in the image.
This distinction can become important if someone wishes to reproduce the artwork in a publication, exhibition catalogue, merchandise, advertising or other commercial material.
The precise rights involved will depend upon the circumstances and any agreements that have been made.
Reproducing and Using Artworks
Copyright gives its owner important rights concerning the reproduction and use of a protected work.
Questions frequently arise about whether an artwork can be:
- photographed or reproduced;
- included in a book or exhibition catalogue;
- reproduced on a website or social media;
- used for advertising or promotional purposes;
- made into prints or merchandise; or
- licensed to another person or organisation.
Whether permission is required will depend upon matters including copyright ownership, the nature of the proposed use and whether a statutory exception applies.
Copyright Licensing and Agreements
An artist does not necessarily have to sell or permanently transfer copyright in order to allow another person to use an artwork.
Copyright can instead be licensed, allowing specified uses while the artist retains ownership of the copyright.
A licence can address matters such as the permitted use, duration, territory, exclusivity, payment and the circumstances in which the work may be reproduced.
Licensing arrangements can be particularly relevant to relationships between artists and galleries, publishers, museums, commercial organisations and image libraries.
Moral Rights
Copyright legislation also provides certain moral rights.
These include rights relating to identification of the author and protection against certain treatment of a work that would prejudice the author’s reputation.
Moral rights raise particularly interesting questions in the visual arts where an artwork is altered, relocated, incorporated into another work or, in some circumstances, damaged.
Copyright Infringement and Disputes
Disputes can arise where an artwork is reproduced or used without the copyright owner’s permission.
They can also concern the extent of a licence, ownership of copyright, attribution of an artist, modification of an artwork or whether a particular use falls within an exception permitted by copyright law.
The appropriate response will depend upon the circumstances and may involve correspondence, negotiation, alternative dispute resolution or, where necessary, court proceedings.
Copyright Law Solicitors for Artists
Solicitor Ronan Bergin has a particular academic and professional interest in art and intellectual property law. He studied Fine Art Painting and Art History at the National College of Art and Design before completing a Master’s degree in Art, Business and Law at Queen Mary University of London. He is also a registered Trade Mark Agent.