There are many ways in which a visual artist’s or photographer’s rights in the work they create are specifically protected at law outside of pure copyright protection.  An understanding of the way these protections apply are vital for anyone who wants to make the most out of their activities in art world.  In this Fact Sheet we consider these rights and the key aspects to them that you need to be aware of.  The specific questions we address are:

•    What are moral rights?
•    How do moral rights apply to visual artists and photographers?
•    What rights do moral rights actually provide for?
•    What does the ‘right of attribution’ mean in practice?
•    What does the right against ‘false attribution’ mean in practice?
•    What does the ‘right of integrity’ mean in practice?
•    What does the ‘right of privacy’ mean in practice?
•    What can I do if someone is infringing my moral rights?
•    Can I transfer my moral rights to someone else?
•    How long do moral rights last?
•    Do moral rights need to be registered?
•    Are there any situations where moral rights do not apply?

Obtaining appropriate insurance is vital for visual artists and photographers.  Just like any kind of endeavour the creation of art brings with it its own unique risks that need to be specifically considered and provided for.  In this Fact Sheet we consider some of the key principles for visual artists and photographers to be aware of when it comes to insurance. The specific questions we address are:

•    Why do I need insurance?
•    Where can I buy insurance from?
•    What are the types of insurance a visual artist or photographer can get?
•    Are there any types of insurance I should make sure I have for certain projects?
•    What are some of the key things I should make sure that insurance covers me for in any situation?
•    Are there any types of events or things that I won’t be able to get insurance for?
•    If my work is with a gallery do I still need to have the work insured?
•    If the gallery isn’t going to insure my work what should I make sure my insurance in respect of my artwork covers?
•    What type of information do I have to provide when seeking insurance cover?
•    How can I make sure my insurance premiums stay as low as possible?
•    Can I get insurance to cover work being transported to or from a gallery?
•    Should it be my responsibility or the gallery’s to arrange insurance for transporting my work to and from the gallery?
•    What types of things will invalidate my insurance in any case?
•    Can I still get insurance cover if I am not operating through a company?
•    How much does insurance cost?
•    What details about my situation will an insurer want to know?
•    Will my policy be invalidated if I’m late with paying a premium?
•    If I have to claim under my insurance how long will it take to get paid out?
•    If I insure an artwork and it is damaged partially but I don’t think it can reasonably be repaired can I demand to be paid out for it or is it the insurance company’s decision?
•    If an insurance company pays out for a damaged beyond repair piece of artwork do they then own the artwork and can they do with it what they want?

•    What is a Commission Agreement?
•    Will I still own copyright in the artwork?
•    Can the Commission Agreement be used to change who owns the copyright?
•    Are there any other rights I should retain?
•    What information do I need from the commissioner?
•    Should I charge for any initial design work?
•    Should I specify the overall cost for the project?
•    When will I get paid?
•    Who is responsible if the artwork gets damaged?

Few relationships are as important to an artist as the relationship an artist has with their gallery.  Artist and gallery relationships are however often relatively complex and there are a number of different rights and obligations of both parties that need to be appropriately defined and clarified.  The best way to do this is in a written agreement.  To help explain artist and gallery agreements the specific issues we address in this Fact Sheet are:

•    Are all Artist and Gallery Agreements the same?
•    How should an artist’s relationship with a gallery be defined?
•    Should I grant one gallery the right to represent all the different kinds of work I create?
•    Should the agreement specify the exhibitions the gallery is to arrange?
•    What’s the usual term of an agreement?
•    Who owns the copyright in the work if it is sold?
•    What should my obligations to the gallery be?
•    What rights should the gallery have?
•    Who decides what prices should be given to the works?
•    What will I have to pay the gallery?
•    When will I get paid?
•    Is it my responsibility to insure the work?

• What is copyright?
• How does copyright apply to visual artists and photographers?
• What else does copyright apply to?
• What are the individual rights that are included in copyright?
• Who owns the copyright in something?
• Can more than one person own the copyright in something?
• Who owns the copyright in a painting, sculpture or photograph that has been commissioned where the person
• commissioning the work doesn’t pay as agreed?
• Who owns the copyright in a partially completed set of commissioned drawings where the job is canceled part way through?
• Do I have to register my copyright?
• Are there any other requirements before copyright will apply?
• How long does copyright last for?
• How do people know that I am the owner of my copyright?
• Are there any situations where copyright does not apply?
• Are my copyright rights enforceable throughout the world?
• What is copyright Infringement and how does it occur?
• What can I do if someone is infringing my copyright?
• How do I transfer my copyright to someone else?
• Do I have to assign my copyright to enable someone else to use it?
• What is the real difference between assigning and licensing copyright?

Fact sheet: Copyright for Visual Artists & Photographers (786)