A copyright infringement dispute arises when one or more parties claim that an artwork or elements of an artwork have been used without permission in violation of copyright.
Copyright Infringement in the Visual Arts
Copyright infringement in the visual arts occurs when a protected artwork is used, reproduced, adapted, distributed, displayed, or communicated to the public without the authorization of the copyright holder, in situations where such authorization is required by law.
Common scenarios in which infringement disputes may occur include:
Reproducing an artwork, or a substantial part of an artwork, without authorization
Using an artwork on a website, social media platform, or digital marketplace without authorization
Incorporating an artwork into advertising, merchandise, film, television, or other audiovisual content without authorization
Creating or without the artist’s authorization, in countries where authorization is required
Using an artwork in an inappropriate context or with changes that alter its character without the artist’s authorization
Copying or communicating an artwork to the public without attribution of authorship by the artist
For more information on specific rights, read more in our topics on Rights in Visual Arts and Rights Transfer and Licensing.
How Can a Copyright Infringement Dispute be Resolved?
The appropriate response to infringement depends on various factors, including the artist’s professional and financial situation and the nature of the infringement. Artists represented by a gallery, agent, , or licensing body generally contact them first. These organizations often have established procedures and legal experience in handling unauthorized uses of artworks.
An independent artist may consider:
Sending a to the infringing party asserting that the unauthorized use must cease—or that use may only continue if the infringing party takes a license from the artist
Requesting assistance from a , where applicable, or from organizations that provide legal guidance to artists
Consulting a lawyer
Online Infringement and Takedown Procedures
When infringement occurs online, an artist may be able to rely on offered by online platforms, marketplaces, or hosting providers. These procedures vary by jurisdiction and platform and may involve submitting a formal complaint supported by evidence of and/or .
Because online enforcement rules can be complex and can differ across countries, it is often advisable to seek legal advice if the appropriate course of action is unclear.
Additionally, some countries facilitate alternative dispute resolution options to resolve online infringement disputes outside the courtrooms. Such options can include mediation or expert determination.
For further guidance, see the WIPO ADR for Digital Copyright and Content Disputes resources, as well as WIPO’s webpage on Addressing Intellectual Property Infringement.
If copyright infringement involves large-scale or systematic unauthorized exploitation, rights holders may consider contacting law enforcement authorities, such as police, prosecutors, or customs officials, depending on the jurisdiction and the severity of the infringement. Some countries have specialized units to combat copyright piracy.
The WIPO Arbitration and Mediation Center (WIPO AMC) offers mediation, arbitration, expedited arbitration, and expert determination for intellectual property, including copyright and content disputes. WIPO ADR procedures may be conducted online and can provide flexible, time- and cost-efficient processes, with neutrals who have relevant legal, technical, or industry expertise. The WIPO AMC can also provide procedural guidance to parties considering whether to submit a dispute to WIPO ADR. The WIPO AMC makes available recommended contract clauses and submission agreements that parties can use to submit their disputes to WIPO ADR.
If someone is using your work without authorization, you could use WIPO’s free Notice of Unauthorized Use of Intellectual Property Rights to inform the other party and give them an opportunity to cease that use.
Before you engage in any dispute resolution process, it is best to seek legal advice.
Image credit: Olivier Le Moal