Legal Checklist for Artists to Protect Their Work
Artists must be vigilant about potential legal challenges as they advance in their careers. Understanding legal considerations, including intellectual property rights and having the right contractual protections in place, is essential for artists to safeguard their work and protect their financial interests. It also allows artists to preserve their creative integrity and foster positive relationships within the art market and community.
At Dragon Argent, our Art Law specialists in London are here to guide artists through the legal risks, allowing them to focus on their creative process. Our checklist below is aimed to help artists assess their understanding of key legal considerations. If you find any areas where the answer is "no," or have any questions, feel free to reach out.
We are here to help you navigate the complexities of protecting your creative assets.
Copyrights and Intellectual Property (IP):
Risk: Artists unaware of their ownership rights risk being subject to unauthorised reproductions, sales or modifications. This may lead to financial loss and/or damage to reputation.
Ask Yourself:
Have you protected your work from unauthorised use?
Have you clearly documented the creation of your work through records?
Commissioned Work:
Risk: Misunderstandings of rights can lead to disputes.
Ask Yourself:
Have you ensured commissioned projects clearly outline copyright ownership and reproduction rights?
Do you have clear agreements that detail the scope of the project, deadlines and ownership rights?
Agreements with Galleries, Agents and Collectors:
Risk: Artists may unknowingly sign contracts with terms that lead to high commissions, loss of control or challenges in reclaiming unsold work.
Ask Yourself:
Have you reviewed the terms concerning sales, representation, commissions and IP?
Have you retained your moral rights (e.g., your right to be credited and to object to derogatory treatment of your work)?
Artist Resale Rights (ARR):
Risk: Unawareness of rights under ARR can lead to forgone royalties.
Ask Yourself:
Are you aware that royalties are triggered on the resale of an artwork for more than €1,000?
Are you aware of whether you are entitled to receive any ARR payments?
Collaborations and Joint Projects:
Risk: Potential disputes may arise in respect of ownership and allocated credits.
Ask Yourself:
Have the artists’ roles, contributions and ownership of IP been defined from the outset?
Is there a written agreement encompassing the above?
Online Sales:
Risk: Beware of unauthorised use or copying, resulting from lack of protection.
Ask Yourself:
Have you read the usage terms of any online platform which you may be using to sell or display your works?
Are you monitoring online or digital content to flag unauthorised use?
Our Art Law solicitors in London can assist with everything ranging from art and property transactions, intellectual property protections, art financing and digital trading to dispute resolution and art litigation. Our Art Law Team is equipped to handle all art and luxury asset matters with expert knowledge and advice.
Speak to one of our Art Law Solicitor today ↓
Written by:
Head of Litigation, IP & Art Law
Trainee Solicitor
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