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Rights Transfer and Licensing

Copyright exists independently from the physical artwork, and the sale or transfer of an original work does not, by itself, result in the transfer of copyright. Understanding how you may transfer ownership of your rights through assignment, or instead grant permission to use them through a license, can help you make informed decisions about who is allowed to use your work, for what purposes, and for how long.

Alberta Whittle speaks about rights transfer and licensing.
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Hi, my name is Alberta Whittle.

I'm an installation and performance artist and a filmmaker.

When someone first buys an artwork from the artist, they're buying the physical piece, or in the case of works like mine, digital file or a video.

But what happens if the buyer wants to share images of the purchased work online, put a picture of it in a book, or license it to a brand?

Usually they must get the artist's permission – or the permission of whoever owns the copyright.

Now, there are certain types of sales or transactions in which the artists hand over their rights to the buyer.

This is called an assignment – a transfer of the economic rights in the work.

But more often, in the absence of a written assignment, the economic rights remain with the artist – even if they don't own the physical work.

In these cases, any reproduction or representation of the work would require the artist's permission – In legal terms, this permission is called a license.

Licensing a work means giving permission for a specific use.

And this permission can set certain limits, including how long the work can be used, where it can be used, and for what purpose.

So whenever you have an opportunity to sell your work, be sure to verify – are you selling the work alone or are you also selling the rights?

Understanding these differences is essential to protecting your rights.

Explore our pages on Rights Transfer and Licensing to learn more.

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