Intellectual property laws in the display of works of art
Intellectual property laws affecting the display of works of art play an important role in determining who can display the work of art and how they can use it.
These rules also play a role in determining how a work of art can be used in public display. For example, they do not allow the artwork to be used for commercial purposes without the permission of the creator of the artwork.
This protects the intellectual rights of the creator of the artwork, especially the right to respect the integrity of the work.
book introduction
“Art Law: A Concise Guide for Artists, Curators, and Art Educators”
Art Law: A Concise Guide for Artists, Curators, and Art Educators, by Michael E. Jones
Designed for artists, curators, and educators, this book provides a user-friendly introduction to the principles and practices of art law. Covering topics such as copyright, contracts, exhibition contracts, and artists’ rights, the book provides valuable legal knowledge and resources for those working in galleries.
Intellectual property laws in the display of works of art by the creator of the work
The right to display is one of the material rights of the creator of the artwork. This right allows the creator of the work to display his work in front of the public, in public places such as streets, squares, museums, galleries, cinemas, theaters, and mass media.
Intellectual property laws protect the rights of the creator of the artwork by determining that the right to display it belongs to the creator of the artwork. This increases the motivation to produce and supply artworks and leads to the production and supply of higher quality artworks.
Intellectual property laws in the display of works of art by the owner of the work or the collector
If the owner of the work of art is someone other than the creator of the work, he must follow the rules of ownership of the work of art in collecting works. The ownership rights of the artwork allow the owner of the artwork to display the artwork according to the agreements contained in the contract. The collector has no right to damage the reputation of the artist or violate the intellectual rights of the owner of the work, such as the right of attribution and the integrity of the work.
Intellectual property laws in public display
If the artwork is displayed in a public space, anyone can use it. This use can include things like taking pictures and filming if allowed.
Of course, the use of a work of art in the public space should not harm the intellectual rights of the creator of the work. For example, one cannot copy an artwork or use it for unauthorized commercial purposes without the artist’s permission.
Intellectual property laws in private shows
If the work of art is exhibited in private places such as museums, galleries, or art exhibitions, the right to use the work belongs to the owner of the work and the owner of the place based on mutual agreements. The owner of the work can be its creator or another person to whom the ownership has been assigned, such as collectors, the display of the work and its exploitation must be within the authority of the owner of the work.
Intellectual property laws in the display of works of art and mass media and the Internet
In showing the artwork in mass media such as television, radio, or newspaper, the right to use the work depends on the contract between the owner of the work and the owner of the media. The media owner can use the artwork for commercial or non-commercial purposes.
Of course, the media owner must respect the intellectual rights of the creator of the work. For example, the media owner cannot copy the artwork without the artist’s permission or use it in a way that damages the artist’s reputation.
Important points about intellectual property rights in the display of works of art
We point out some important points about intellectual property rights in the display of works of art:
- Material rights are the rights to use the work of art for commercial purposes.
- Intellectual rights are the rights related to the personality and credibility of the creator of the artwork.
- Intellectual rights belong to the creator of the artwork.
- To exploit the intellectual rights of an artistic work, permission must be obtained from the creator of the work.
- The right of public display is one of the material rights of the creator of the artwork.
- In some cases, the right to public display may be limited or excluded.
- If the work of art is made for public use, it is allowed to display, without the permission of the creator of the work.
in the end
As we said, the laws of intellectual property in works of art guarantee the protection of the rights of the creators of works of art and in a way encourage the cultural and artistic development of the society. It should be noted that these laws differ in detail in different countries, but compliance with these laws increases the motivation to produce and supply artworks, which leads to the production and supply of higher quality artworks.
More resources to study
To read more, you can refer to the following articles:
What Protects The Intellectual Property Created By Artists Or Designers?
