supporting artists' professional development
It is a great pleasure to discover a work of art or craft that elicits such a strong response that "you just have to have it!" Whether you intend to buy modestly priced work or seriously collect major pieces by artists of significant reputation, collection of art and craft significantly assists in the development of artists’ careers.
Copyright
Copyright is a bundle of rights, protected in law, which includes economic and moral rights. Usually the creator of an artwork is the copyright owner and holds the exclusive right to reproduce all or part of their artwork, even if the physical work has been sold to someone else. When someone else wants to utilise that work he or she must obtain permission from the copyright owner. The owner may choose to charge a fee as part of the terms of this permission or may not give permission. (There are specific separate rules for work that is created under commission.) Unless sold or otherwise transferred, copyright (with specific exceptions) comes into existence when a work is created and lasts for the life of the artist plus 70 years.
Moral Rights
In Australia there are a number of agencies that manage artists’ copyright and the reproduction fees artists are entitled to. These include Viscopy and the Copyright Agency Limited. Artists in Australia have three rights under Moral Rights legislation. These are:
Moral rights cannot be sold, however, there is a consent clause in the legislation. In most cases moral rights remain with the artist regardless of who has physical possession or ownership of the work.
NAVA Resources:
Visual Artists as Copyright Owners and Users. Published by NAVA, 12 pages, 2004 edition
Buy the publication.
Copyright, Moral Rights, Resale Royalty, Equal Opportunity, Restrictions on Freedom of Expression. Chapter 6 of the NAVA Code of Practice, 2nd edition, 2004.
ISBN 0 9751929 0 6
Read the Chapter here.
Buy the full publication.
