OWNERSHIP

Who really
owns the
artwork?
 OWNERSHIP
1. WHAT IS OWNERSHIP
IN ART?

• Ownership in arts means the artist

can sell the art himself, but unless
there is a contract stating otherwise,
the artist still owns the copyright.
That means that the person who
bought the art generally does NOT
hold the copyright, and cannot sell
reproductions of the art. He can, of
course, sell the original art to
someone else.
 OWNERSHIP
1. WHAT IS OWNERSHIP
IN ART?

• Art is owned by the artist, who

creates it. Until they either
decide to give it away or sell it.
Then it is owned by whomever
it was acquired by. There is art
created for appreciation by
everyone. However, this is
usually paid for by either a
grant, a committee, a public
benefactor or at the behest of
the artist.
 OWNERSHIP
2. CRITICAL ISSUES IN
OWNERSHIP IN ART

• Forgery of Henricus
Anoniu “Han” Van
Meegeren
One of the most
ingenious art forgers of
the 20th century.
Revolvy.n.d.Henricus Antonius "Han"
van Meegeren. Retrieved from
https://www.revolvy.com/page/Han-
van-Meegeren on November 15, 2018
 OWNERSHIP
2. CRITICAL ISSUES IN
OWNERSHIP IN ART

The Vermeer Newsletter.n.d.Han van Meegeren's

Fake Vermeers Discovery. Retrieved from
http://www.essentialvermeer.com/misc/van_meeg
eren.html#.W-1kQp8RU0M on November 18,
2018.
 OWNERSHIP
ADDITIONAL
INFORMATION

It is estimated that van

Meegeren duped buyers out
of the equivalent of more
than 30 million dollars in
1967's money, including the
government of the
Netherlands.
 OWNERSHIP

THREE CRITICAL ISSUES

1.Copyright for visual artists

-Copyright is the legal protection extended to the

owner of the rights in an original work.
Visual artist have the right to:
•reproduce or copy their work;
•publish their work in a book, magazine or
newspaper; and
•communicate their work, for example, put their
artwork on the internet.
 OWNERSHIP

THREE CRITICAL ISSUES

1.Copyright for visual artists

Who owns the copyright the creator or the

buyer?
-Copyright nearly always
rests with the artist, regardless of who owns
the artwork. -Copyright and employed
or commissioned visual artists

>work that has been

specifically commissioned or completed during
employment, in which case copyright stays
with the commissioner or employer.
 OWNERSHIP

THREE CRITICAL ISSUES

1.Copyright for visual artists

Copyright protection extends to creative work such as:

- art,music, literature and computer software.

Creative work includes paintings, drawings, sketches,
photographs, collages and sculpture.
The protected work need not be unique.
To defeat the defense of innocent infringement

- it’s either the word “copyright,” its abbreviation

“copyr.,” or the international symbol “©,” plus the copyright
owner’s name and the year in which the work was first published
or exhibited.
 OWNERSHIP

THREE CRITICAL ISSUES

1.Copyright for visual artists

What is the duration of the Copyright?

-As of the date of this writing, the period
of protection for an individual is the life of that
individual plus 70 years.
-For a work created anonymously or
under a pseudonym or a work created by an
employee of a business entity, the period of
protection is 95 years from first publication or
120 years from original creation, whichever
period expires first.
 OWNERSHIP

THREE CRITICAL ISSUES

2. Moral rights for visual artists

Moral rights are personal rights that connect the

creator of a work to their work. Visual artist’s moral
rights mean that:
•people must know the creator of the work if it is
shown in public;
•no one else can be named as the creator of the
work of art other than the artist him/herself; and
•the artist’s work cannot be treated in a way that
hurts their reputation.
 OWNERSHIP

THREE CRITICAL ISSUES

3. Reproduction rights

Owners of copyright can sell reproduction rights, or a

licence to print, for specific projects while still retaining
copyright.
Fair use doctrine
•Court must evaluate at least the following four factors:

The nature of the work being copied

-intended the work to be copied (e.g., a book
of patterns or of clip art) or
not to be copied (e.g., a consumable such as a
workbook);
 OWNERSHIP

THREE CRITICAL ISSUES

3. Reproduction rights

The nature of the use

whether the unauthorized use is transformative (adding new

value, such as using quotes from an art book in a review of that book) or

merely provides a substitute for the protected

work;
The extent of copying
copying a
significant portion of the work or even a small portion that is the “heart” of
the copied work will generally not be fair use;
The effect the copying will have on the copyright owner’s market
whether the
unauthorized use will deprive the copyright owner of a sale.
 OWNERSHIP

THREE CRITICAL ISSUES

3. Reproduction rights

Can You Reproduce a Copyrighted Work

in Another Painting?
-Reproducing a copyrighted work as a
smaller element in another work of art,
whether as a stand-alone piece or as part of
another work, would ordinarily be an
infringement because the reproduction
would be a substantial copy of the original
work.
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

• Amédée Ozenfant (15 April

1886 – 4 May 1966) was a
French cubistpainter and
writer. Together
with Charles- Edouard
Jeanneret (later known
as Le Corbusier) he founded
the Purist movement.
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

Amédée Ozenfant, 1921, Nature morte au verre de

vin rouge (Still Life with Glass of Red Wine), oil on
canvas, 50.6 x 61.2 cm
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

Amédée Ozenfant, 1920-21, Nature

morte (Still Life), oil on canvas,
81.28 cm x 100.65 cm
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

• Joseph Alexandre Czaky) (18

March 1888 – 1 May 1971)
was a Hungarian avant-
gardeartist, sculptor,
and graphic artist, best
known for his early
participation as a sculptor in
the Cubist movement.
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

Joseph Csaky,
1912, Danseuse (Femme
à l'éventail, Femme à la
cruche) original plaster,
exhibited at the Salon
d'Automneof 1912, Paris,
n. 405, and Salon des
Indépendants of 1914, n.
813, photo from Csaky
archives AC.110
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

•Joseph Csaky, Head (Tête

d'homme), 1913, Plaster
lost. Photo published
in Montjoie!March
1914,also Richard, René,
1988
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

• Uga Skulme (20 May

1895 – 6 November
1963) was
a Latvian painter.
• Stylistically he was
a Cubist.
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

Uga Skulme. (2018). Retrieved

from
https://en.m.wikipedia.org/wiki/
Uga_Skulme
Past Auction
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

Uga Skulme | artnet. (2018).

Retrieved from
http://www.artnet.com/artists/
uga-skulme/
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

• Joseph Fernand Henri

Léger (French: [leʒe];
February 4, 1881 – August
17, 1955) was a French
painter, sculptor, and
filmmaker. In his early
works he created a personal
form of cubism which he
gradually modified into a
more figurative, populist
style.
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

Fernand Léger - Artworks.

(2018). Retrieved from
https://www.the-
athenaeum.org/art/list.php?
m=a&s=tu&aid=1807
The City
OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

The Bridge of
the Tug Boat
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

• Charles-Édouard
Jeanneret (6 October 1887
– 27 August 1965), known
as Le Corbusier was a Swiss-
French architect, designer,
painter, urban planner,
writer, and one of the
pioneers of what is now
called modern architecture.
 OWNERSHIP
3. ARTISTS WHO ARE
PURIST OF OWNERSHIP

Nature Morte, 1957

 OWNERSHIP

REFERENCES

Arts Access Victori.Legal information for visual

artists.Retrieved from https://www.artsaccess.com.au/legal-
information-for-visual-artists/. On November 18,2018
Leonard D. Duboff, n.d.https://www.artistsnetwork.com/art-
techniques/can-you-reproduce-a-copyrighted-work-in-
another-painting/On November 18,2018
Leonard D. Duboff, n.d.Artist Network. Retrieved from
https://www.artistsnetwork.com/art-business/art-
law/?lid=tamchar082312On November 18,2018
Leonard D. Duboff, n.d.Copyright Duration. Retrieved from
https://www.artistsnetwork.com/art-techniques/copyright-
duration/On November 18,2018
Leonard D. Duboff, n.d. Copyright. Retrieved from
https://www.artistsnetwork.com/art-business/about-
copyright/On November 18,2018
 OWNERSHIP

REFERENCES

Leonard D. Duboff, n.d. Fair use. Retrieved from

https://www.artistsnetwork.com/art-business/fair-
use/On November 18,2018
Alan Bamberger (2010). Work-for-Hire. Retrieved
from https://www.artistsnetwork.com/art-
techniques/work-for-hire/On November 18,2018
Leonard D. Duboff, n.d. Art Busrness. Retrieved
from
https://www.artbusiness.com/reprosuit.htmlOn
November 18,2018
Gov.ph, n.d. Copyright, Ownership and Rights
https://www.ipophil.gov.ph/services/copyright/ow
nership-and-rightsOn November 18,2018
OWNERSHIP

GROUP 1