A “rights ” means that an artist transfers ownership of one or more economic rights in a work to someone else—an individual or an organization such as a company, gallery, publisher, or employer. In some legal systems, however, an assignment can be limited to a specific part of the copyright term or to only certain rights, rather than transferring everything without limit. For example, in some countries an assignment could be restricted in scope or duration. The scope, territory, and duration discussed under Licensing Terms page could apply to assignments as well.
Assignment is typically regarded as the strongest and most comprehensive form of rights transfer, because once an takes effect, the original rights holder no longer owns the assigned rights. By contrast, a allows specific uses while ownership stays with the original rights holder.
Ask yourself: Which specific rights are truly needed for this project, and which ones do I want to keep?
Assignment in Commissions and Employment
Assignments of copyright are most commonly encountered in professional settings—for example, commissioned projects or employment relationships. However, the legal rules governing ownership in these situations vary significantly from country to country and should not be taken for granted.
In many countries, works created by an artist in the course of an employment relationship are owned by the employer, at least to the extent necessary for the employer’s normal business activities. In other countries, the artist remains the initial copyright owner; the employer may still be entitled to use the work for the purposes of the employment—either because the law treats certain usage rights as automatically included in the employment relationship, or because they were explicitly transferred by contract. The status of such works depends on national copyright law and the specific terms of the employment agreement.
Some countries have a concept called “,” in which the employer or commissioning party may be treated as the author and initial copyright owner. This applies only under specific legal conditions, is usually limited to particular types of works, and often requires a written agreement. Outside those conditions, copyright usually remains with the artist.
For generally, the situation is even less uniform. In many countries, the mere fact that a work is commissioned does not transfer copyright. The artist typically retains ownership unless the contract expressly provides for an assignment of rights. In other legal systems, certain commissioned works may result in a transfer or allocation of rights by law, depending on the type of work, the purpose of the commission, and the applicable national rules.
For more details about this, visit our topics on Creating and Authorship; Agreements and Arrangements.
Why an Artist Might Choose to Assign
Assignment is not always the wrong choice. There are real, legitimate reasons an artist might prefer it over a license: it often means more money up front (though possibly less over the long term), some clients or employers require it as a condition of the deal—for example, in work-for-hire situations—and it can spare the artist the burden of negotiating and administering individual licenses for every future use. The right choice depends on the artist’s priorities, bargaining power, and the specific deal on the table.
Understanding the Implications of Assignment for Visual Artists
When you assign rights, you give up ownership. This means you may lose creative control and the ability to reuse the work—and, if your work becomes more valuable than expected, you may lose future income opportunities.
In practice, contracts in these instances are often drafted in the interests of employers and may seek to transfer more economic rights than are necessary.
Some rights cannot be assigned at all. The resale right, where it applies, stays with the artist by law, regardless of other agreements, for as long as the artist is alive; after the artist’s death, entitlement to the resale right passes to their heirs, successors, or other beneficiaries designated under national law.
In many situations, a can achieve the same commercial goal without requiring the artist to give up ownership. If an assignment is unavoidable, artists can often negotiate higher compensation or protective clauses—but outright assignments are, in fact, relatively uncommon in the visual arts sector.
If you need to assign copyrights, be sure you understand who will own the rights, which rights are transferred or retained, and under what conditions. The safest approach is to review both the contract and the applicable national law carefully.