Artwork in tangible form is personal property. Transfer of title can therefore be made by a Bill of Sale. A Bill of Sale also constitutes a record of the transaction for both the artist and the person buying the artwork. It can provide the seller with a record of what has been sold, to whom, when, and for what price. The following form anticipates that the seller is the artist and therefore reserves copyright and reproduction rights.
Bill Of Sale For Artwork Without Title In Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-00443BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
The original artist owns his or her physical painting until it is sold, and the original artist retains the exclusive right to make reproductions of his artwork, even after the original is sold. This copyright covers recreations, duplications, reprintings, and any other form of “copying” you can think of.
When an artist creates a painting, the artist owns both the copyright in the artwork, and the physical artwork. Ownership of the copyright is an intellectual property right. Ownership of the physical artwork is a personal property right. A sale of the physical artwork does not transfer the copyrights in the artwork.
Copying a painting for personal use is typically legal, as long as you do not intend to sell or distribute the reproduction. Personal use implies that the copy is for private enjoyment and not for profit. However, public display or sale could breach copyright laws, even for personal reproductions.
In other words, although the client may “own” the work of art, the artist who created the work owns the copyright, including all ways in which that artwork is represented (photos, video, ads, logos, branding), other than in situ (on-site documentation photos).
Copyright ownership is separate from ownership of an original artwork. If the work is uncommissioned, then the artist owns the copyright automatically even if the original is sold. The copyright may be sold or assigned as a separate undertaking. Only the copyright holder has the right to reproduce the work.
The artist retains all rights under the Copyright Act of 1976 (17 USC Section 101) as the sole author of the work for the duration of the copyright. The duration of copyright in the United States is currently the life of the author, plus 70 years.
Titles cannot be copyrighted, which is what you appear to be asking. Copyright protects the work itself, not the name or label given to the work. Titles don't generally fall under trademark because they aren't a mark being used in trade.
A title provides an art judge or an art jury with a deeper insight into that piece of art. This also holds true for galleries and art buyers. A title guides and provides a hint to the viewer about what the artist was thinking when the work was created.
But what makes a good title? A good title should provide an insight into what you are trying to say as an artist or what your inspiration for the work was/is. If you can find a memorable or catchy title that is a good option but try to be original and avoid cheesy titles as that really won't do you any favours.
But what makes a good title? A good title should provide an insight into what you are trying to say as an artist or what your inspiration for the work was/is. If you can find a memorable or catchy title that is a good option but try to be original and avoid cheesy titles as that really won't do you any favours.
