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DACS: Helping artists make the most of their copyright
Understanding copyright can seem like a daunting task but it doesn’t have to be. As an art
graduate, getting to grips with the basics of copyright will help you benefit financially from
your creations and control how your work is used by others.
One of the most common questions artists ask DACS is ‘how do I register my copyright?’ The
simple answer that in the UK you don’t have to. You enjoy copyright protection from the
moment your work is created. However, your work must also be ‘original’ in the sense that it is
not copied from someone else, and it must be recorded in a permanent way – copyright does
not protect ideas or concepts but the expression of these ideas in a material form. A painting is
one example of this.
It’s also good practice to keep records and evidence of your art work. Signing your work is the
simplest way to do this, as well as marking your work with the international © symbol followed
by your name and the year of creation. This ensures that anyone who wishes to use your work
will know that you own the copyright.
The great thing about copyright is that long after you have created your work of art you can
continue to make money from it. It’s a common myth that when you sell your physical work the
copyright is transferred to the buyer. This is not true – the copyright will remain with you, so
you can continue to profit from it even when the artwork is resold.
If someone wants to reproduce your work, such as in a book or on a t-shirt, you can grant
them a licence instead. Keeping your copyright puts you in control because you can agree how
the work can be reproduced and you can charge a fee for the intended use. There may also
be royalties for you if your work is published in a book or magazine and then photocopied or
scanned at a later date.
Artist’s Resale Right
Thanks to the Artist’s Resale Right, introduced in the UK in 2006, you can also benefit from
royalties if your work is resold by a gallery, dealer or auction house for over €1000. This is the
most significant new right for visual artists in recent times, giving you an ongoing stake in the
value of your work.
“I think it is great that artists can benefit when their work is re-sold,” says artist Angela de la
Cruz. “Receiving my first royalty from DACS felt well deserved. Why shouldn’t the artist get
some too?”
Artist Chantal Joffe adds: “I like the fact that DACS provides me with a statement so that I can
keep track of the royalties I get. It is a brilliant service.”
DACS can help you make the most of your copyright throughout your career. Contact DACS to
find out how:
or
About DACS
DACS was established by artists for artists almost 30 years ago. As a not-for-profit rights
management organisation, it provides services to artists that help sustain their practice and
livelihood.
To keep up to date with all the latest news from DACS,
visit
or follow us on Twitter at
www.dacs.org.uk
The content of this article is of benefit interest only and is not an exhaustive explanation of
copyright protection and remedies for infringement. This article is not intended to apply to specific
circumstances. The contents of this article should not therefore be regarded as constituting legal
or other advice and should not be relied upon as such. In relation to any particular problem that
you may have, you are advised to seek specific and specialist advice.
Angela de la Cruz.
© Ione Saizar 2013
Chantal Joffe.
© Brian Benson 2013
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