If I sell a painting, which I painted myself - then sell it - who owns the copyright.?

Question

I paint original artwork, which I then sell. Do I retain the copyright, as the artist, or does it transfer to the buyer automatically as part of the sale?

Answer 1

You retain it. They could not, for example, start selling prints of your original *without* your express permission.

Ownership of a physical object does not convey ownership of copyright.

"Copyright law then (as now under the 1988 Copyright, Designs and Patents Act) made it an infringement (of the copyright owner's exclusive rights) to reproduce without authorisation."

So, to all the wrong answers, set up your own print shop, print copies of famous works and see what happens...

Answer 2

No one owns the copyright if there was not a copyright. The painting is owned by the person who applied for the copyrght at the Libray of Congress for 7 years unless renewed. The copyright ownership can be transferred to the buyer and all rights relinguished if prearrangement is made by contract.

Answer 3

Looks like there's a bit of confusion among the answers here. A little bit of research will unearth the truth.

Both Canadian & US Copyright Law states that the original artist owns ALL the copyrights to their piece of art (unless hired by a corporation to produce the art). This includes the sole right to reproduce the art, even after the original art has been sold to another party.

You can sell or transfer these rights, but they are NOT automatically transferred to the purchaser at the time of sale.

It is not necessary to register this copyright, but registration would give you more clout in court if an infringement ever arose.

http://en.wikipedia.org/wiki/United_States_copyright_law#Registration_of_copyright

Answer 4

Creating a piece of art means that you own the copyright of your work entirely for ever until you choose to sell the copyright to a company for publicity use for example.

The buyer buys the painting, not the copyright, therefore should s/he reproduce it in any way s/he should ask for your concent, permission, etc

The situation is very different with graphic designers, illustrators etc, so don't be confused by that.

Lastly just to be on the safe side, always sign your work (at the back cause its more classy) and write at the back, title, date, media. Also don't forget to take pictures of it before you sell it.

Hope that was helpful!

Answer 5

I concur with 'tallpaul'. The copyright is yours until you decide to sell that. Selling the painting does not transfer the copyright. But you are only covered for a brief time. I think its your life time plus 50 years on a painting. So 50 years after you've shuffled off this mortal coil the owner of the painting can sell prints of it and not have to pay you a scrouple.

Answer 6

Of course you always hold the copyright unless you sell it or license it. One thing to remember tho is that when you sell a piece, the buyer has physical custody or the work, so if you wanted to make prints or some type of copy you should take high quality photos of it before you sell the original. If you don't then you would need the buyers permission to copy your own work. You may have to pay him to do so.
Just because you have copyright does not give you the right to sieze a work from a rightful owner to make copies.
Do all your copying or storing of images before you sell.

Answer 7

You can write the contract either way, but the smart moneys says you retain the copyright yourself. Write into the contract that ownership of the painting does not include ownership of the copyright and that you will retain all rights to the image.

Answer 8

Who owns the rights to a painting if I HIRE an artist to produce a specific piece based on my design and description, but their interpretation? Is a painting, produced as a "Work for Hire", or a song for that matter, automatically make all the rights mine, the person who commissioned it and mean I don't have to get a signed release from the artist to make and sell prints etc?

Answer 9

It all depends on what your sales contract says. Find samples on the internet of art sales contracts. If you want to have lithographs made later on, or do a series of a certain subject, etc., you would have to retain the copyright. I think that most artists today retain the copyright.

Answer 10

Just the fact that you are using the photo for reference and actually painting the portrait yourself is sufficient to protect you from any copyright claims. You are entitled to "fair use" in this way, reinterpreting or re-imagining an existing work. You may recall the flap over the fellow who did the iconic campaign poster for Obama, taken from a photo he got on the internet. He didn't even change it much....