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Registration of copyright on the painting

Registration of copyright on the painting

Protecting creativity is not only a prerogative but also an inherent right of every creator. In today's world, where information is valuable, copyright registration becomes a key point in preserving the uniqueness and integrity of your work.
Private questions that people in the art world often face include: How to protect their copyrights? How to register intellectual property rights? How to get 5% from the resale price of an original artwork?
Let’s break it all down. Every drawing, sketch, study, draft, and every painting or sculpture is the intellectual property of the artist. After creating a work of art, the artist (sculptor) acquires property and non-property rights.

certificate of copyright registration for a work, painting, sculpture — Copyright protection certificate for an artist, sculptor

Non-property Rights

As stated in Article 11 of the Law of Ukraine "On Copyright and Related Rights" № 2811-IX, these are rights that cannot be transferred to third parties, even by contract. These rights include:

1) The right to demand that their name be indicated on the painting and its copies during any public use.

This right is used by artists when selling their paintings, and the buyer uses the plot of the painting, for example, in advertising banners, reproducing the plot on phone cases, clothing, etc. In such cases, a contract between the artist and the buyer is necessary to regulate these relationships. Otherwise, it constitutes a violation of the artist's rights.

2) The right to prohibit the mention of their name when the painting is publicly used if the artist wishes to remain anonymous as the author of the work;

3) The right to choose a pseudonym, to indicate and demand the use of a pseudonym instead of the author's real name in the work and its copies, and during any public use;

4) The right to demand the preservation of the integrity of the painting and to oppose any distortion or other changes or any other encroachment on the work that could damage the artist's honor and reputation. This right protects artists (sculptors) from insults that may be inflicted upon them.

Protecting Creativity

But how important is it to protect your creativity? The answer to this question determines the future of your work. It all starts with the realization that not all types of creative work are automatically protected. Different types of creativity, such as literary works, music, and art, have different registration requirements.

Benefits of Copyright Registration

However, the benefits of copyright registration are hard to overestimate. It provides you with legal protection and also enhances the effectiveness of legal remedies in case of violations. Let’s look at why every creator should consider registering their work.

Steps for Document Preparation

Before starting the registration process, you need to properly prepare all necessary documents. This includes gathering not only the work itself but also other key materials confirming your authorship.

Property Rights

As stated in Article 12 of the Law of Ukraine "On Copyright and Related Rights" № 2811-IX, they pertain more to the physical world. For example, what to do with a painting (sculpture) - sell, donate, reproduce the plot on clothing, transfer it to a museum exhibit, or create an NFT token. Therefore, property rights include:

1) The right to use the painting;

2) The right to permit or prohibit the use of the painting by others.

This is why we recommend taking care of protecting your intellectual rights and getting a free consultation from one of Ukraine's leading experts - Olesya Tsarik.

To protect your copyright, you need to:

1) Record the existence of intellectual property rights;

2) Obtain a certificate of state registration of intellectual property rights;

3) When transferring (selling, donating) paintings or sculptures, sign agreements that regulate the procedure for using copyright.

If this is not done, it will be more difficult for the law to protect the artist or sculptor as the creator of the artwork.

When signing a contract for the sale of a painting, you can specify which copyrights you want to transfer to the buyer. This way, the artist's rights will not be violated, and the artist will also be able to receive an agreed fee (royalties) for the use of intellectual property rights.

An Interesting Example
A collector purchased a painting from an artist without a sales contract. The buyer took a high-quality photograph of the painting and placed it on a batch of iPhone smartphone cases. Shortly afterward, the artist saw his work on a phone case and was "pleasantly" surprised, as he had not given permission for this.
Fortunately, the artist documented the copyright violations and proved that the copyrights belonged to him and had not been transferred to third parties. In turn, the collector believed that since the painting belonged to him, he could do whatever he wanted with it. However, the law protects artists as the owners of intellectual property rights.
The end of the story - the artist won the case in court and received generous compensation.

Droit de Suite (Article 30 of the Law of Ukraine "On Copyright and Related Rights" № 2811-IX)

This is the right of an artist (sculptor) or their heirs to receive 5% of the sale amount of an original work of art. Copyright lasts for the lifetime of the artist and for another 70 years after their death. This right applies only to the "second sale," meaning that the artist (or their heirs) can receive 5% of the price from each subsequent sale of the painting through an auction, gallery, salon, shop, etc., following its first sale made by the artist themselves.

Again, if the deal was conducted officially in compliance with all norms, the artist (or their heirs) will be able to prove all the facts and obtain the droit de suite. To ensure that sales comply with the law, written sales contracts for artworks must be concluded.