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Anyone understand English copyright laws? |
Last year I bought a newly painted oil painting at an art exhibition. Payment went straight to the artist, via the organisers. Last week I went into an sea-side art gallery and was not too pleased to find they were selling photographic prints of it! Who has the copyright? Can I claim royalties? Basically, have I been "done"? Intellectual property rights remain with the artist or the estate of the artist until 70 years after his/her death. She/he may publish prints of it without your persmission. However, it is good practice amongst artists to let you know that they are doing that (assuming they know who you are). But prints are far inferior to the original, so don't depair! You can boast the original! yes, I would think that many people do To my knowledge the artist owns the copyright, and is up to them to pursue. Just because you buy Kentucky fried chicken doesn't mean you get the colonels secret recipe! Unless he has specifically written something setting out that the intellectual property is yours. The people reproducing it should have seeked the artists approval, otherwise he could sue for royalties. From what I understand the artist retains the copyright even though they have sold you the original image. Some people purport to, but no one actually can or does, that is why there are lawyers and why in time all money will eventually end up in their hands. Just accept the situation for your own sake. You purchased the work, not all rights to the image, which remain with the artist in perpetuity. (Although many of the copyright rights can be assigned to others, there are "moral rights" that belong exclusively to the author.) You certainly do not deserve royalties; however, if the artist is not being included in the proceeds, the artist (not you) may have a claim against those who have been reproducing and distributing the image. No but then again do the people who make the law understand it |
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