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Aboriginal and Torres Strait Islander peoples are advised that this website may contain photographs, voices, names and stories of deceased persons.

Resources

Protecting your rights:
Copyright


Exclusive rights

Copyright is a bundle of exclusive rights created by law. In respect of artworks, copyright gives the owner the exclusive right to reproduce the artwork, publish the artwork and communicate (i.e. electronically transmit or make available online) the artwork to the public.

In Australia, copyright automatically subsists in an artwork when an artist creates an original artwork. This is in contrast to other types of intellectual property rights like patents or trade marks, which require an application and registration process.

Typically, an artist will own the copyright in the work that they create, giving them exclusive rights to reproduce, license, and control how it is used (during their lifetime and for 70 years after their death).

Where an artist retains ownership of copyright in their artworks, and only grants licenses for specific uses, the artist can maintain control over how their artwork is used. This can potentially be a pathway to obtain future income from their artwork.

However, the typical position may be altered where an artwork is created by an employee as part of their employment, or pursuant to an agreement. In those circumstances the employer, or the other party to the agreement respectively, may own the copyright in the artwork.

However, even where the artist does not own the copyright in their work, they (or their estate) will retain certain ‘moral rights’, which are separate but related rights to copyright, including the right to be attributed, the right against false attribution, and the right to the integrity of their work. Whether or not separate moral rights consents are required will depend on the circumstances.

Selling an original artwork does not usually transfer copyright and cannot transfer moral rights. Buyers must seek permission from the copyright owner and possibly separate moral rights consents for any use of an artwork beyond exhibition.

If a business or individual wants to apply a copy of an artwork to a product, they need permission from the copyright owner, and depending on the circumstances, a ‘moral rights’ consent from the artist (or their estate).

A copyright licence does not transfer ownership in the original artwork or the copyright—it just permits a particular use of the artwork.

An effective licence agreement is one that clearly outlines how an artwork can be used, how much the artist will be paid, and what rules must be followed in reproducing the artwork, publishing the artwork or communicating the artwork to the public. An ineffective licence agreement may give permission to use the artwork without payment or control to the copyright owner or artist, meaning the artist has no say in how their work is used.

A licence should always be written down, and should only cover a specific use of the artwork (any additional use should require its own separate licence). It should state that the licensee (the person using the artwork) can only use it as agreed in the contract.

Effective licensing of Aboriginal and Torres Strait Islander artworks ensures fairness and benefits everyone involved.

Visit the Artwork licensing and Pricing and payments pages for more information.