A
- Accession Numbers
- Unique identifiers assigned by museums to owned objects, encoding acquisition year and sequence, for tracking collections.
- Adaptation
- Any modification or alteration of a work of art to create a new work of art. Transforming a visual artwork into a derivative form, like changing formats, requiring owner permission. The adapter gains rights only in added original elements.
- Adaptation Right
- The right to alter artistic work that already exists.
- Adaptor
- A type of creator who modifies an existing artistic work to create a new so-called derivative work.
- Administer
- To manage art-related rights and royalties on behalf of rights holders.
- Administration
- The process of managing art-related rights and royalties on behalf of rights holders.
- ADR institutions and digital disputes
- Specialized bodies like the WIPO Arbitration and Mediation Center, which administers mediation, arbitration, and expert determination for IP-related conflicts, ownership, digital provenance, and online licensing in art and cultural heritage.
- Advance
- A payment made to creators before the artistic work is monetized.
- Advances
- Payments made to creators before the artistic work is monetized.
- Agent
- Professional advocate negotiating artist contracts, exhibitions, or licensing while safeguarding IP rights.
- Aggregator
- A type of distributor that only distributes artistic works to online marketplaces and digital platforms.
- Agreement Numbers
- A unique number generated when artists register their works with an art publisher or relevant rights organization.
- Alternative Dispute Resolution (ADR)
- Voluntary processes where parties involved in a dispute resolve it without going to court.
- Animators
- Artists crafting illusion of motion through sequential frames, via traditional drawing, stop-motion, or digital interpolation.
- Appropriation
- Intentional borrowing, copying of prior works into new context, protected if transformative under fair use.
- Appropriation Art
- Artistic practice reusing existing images or objects, raising parody, fair use defenses against infringement claims.
- Arbitration
- When parties involved in a dispute agree to bring their dispute to a neutral third party, who will make a decision to resolve it.
- Arbitration Clause
- Contract provision requiring disputes go to arbitration, waiving court jurisdiction.
- Arbitrator
- Qualified neutral rendering binding arbitration award.
- Architects
- Professionals designing buildings, structures, or spatial installations; copyright protects plans and models, with public display exceptions for completed buildings.
- Architecture
- Protected plans and models; buildings viewable publicly but not reproducible without permission.
- Arrangement
- An alteration of a pre-existing artistic work that may incorporate changes to, for example, composition, medium, style, or presentation.
- Art Advisors
- Consultants guiding collectors, institutions on acquisitions, valuation, authenticity, and portfolio strategy.
- Art Fairs
- Temporary commercial events for galleries, collectors networking, sales.
- Art Loss Register
- Commercial database of stolen and missing art for provenance checks during sales or transfers.
- Artist
- A natural person who creates original artistic works (e.g., paintings, sculptures, drawings, murals, digital art) and is recognized as the initial copyright holder under most legal systems.
- Artist Residencies
- Temporary programs offering studio or living spaces and resources for research, production, exhibitions.
- Artist-Run Initiatives
- Self-organized artist spaces or collectives funding exhibitions democratically, bypassing commercial gatekeepers.
- Artistic Work
- An expression represented in any medium, such as but not limited to photographs, drawings, paintings, sculptures, and music.
- Assign
- To grant a third party the right to manage rights on behalf of the original rights holders.
- Assigned
- Formal written conveyance of specific rights to a third party.
- Assignment
- The grant, to a third party, of the right to manage rights on behalf of the original rights holders.
- Assignment of Rights
- Allowing a third party to manage rights on behalf of the original rights holders.
- Attribution
- Moral right entitling authors to be identified or credited as creators of their visual artwork (by name, pseudonym, or anonymity if chosen) and to prevent false attribution; enforceable for author's life plus 70 years in most jurisdictions.
- Auction Houses
- Venues like Christie's and Sotheby's conducting competitive public or private sales setting market prices.
- Augmented and Virtual Reality (AR/VR)
- AR overlays digital on physical; VR full immersion for virtual galleries or exhibitions.
- Augmented Reality (AR)
- Real-world overlays via devices, protected as audiovisual or multimedia works.
- Authentication
- Expert, scientific process (forensics, connoisseurship) verifying genuineness against fakes or forgeries.
- Authenticity
- Confirmation that artwork matches claimed artist via style, materials, signature, and provenance; basis for value.
- Authenticity Dispute
- Forgery challenges; resolved via COA, spectrometry, expert testimony. Authenticity disputes allow buyers remedies like rescission for seller misrepresentation under civil codes.
- Author
- A person who makes an original contribution to a work protected under copyright law.
- Authorship
- Intellectual creation of original expression meeting originality threshold; basis for moral or economic rights.
- Authorship Dispute
- When multiple contributors or claimants contest creative responsibility and copyright ownership over a work, such as distinguishing conceptual artists from technical assistants or fabricators. Courts assess factors like intent, independent contribution, and control, often recognizing joint authorship only for equal creative input, as in cases like Fletcher v. Doig. Resolution typically involves documentation, contracts, or ADR to determine attribution and market value impacts.
B
- Banksy Effect
- Market phenomenon where street artist's anonymity and destructive stunts (shredding "Girl with Balloon" at auction) challenge traditional authenticity and provenance, impacting resale value.
- Berne Convention
- International treaty (1886) establishing minimum copyright standards: automatic protection without formalities, moral rights, national treatment, term life +50 years.
- Best Practice
- Guidelines or examples of how practices, legislation, regulation, or codes of conduct can be used to achieve the best outcomes.
- Biennales
- Recurring art exhibitions, generally held every two years, that showcase contemporary trends and feature emerging and established artists.
- Blanket
- A blanket license is a type of license that allows a licensee to use a vast repertoire of copyrighted works, such as music, literature, or art, without needing to obtain separate licenses for each individual work.
- Blanket License
- A blanket license is a type of license that allows a licensee to use a vast repertoire of copyrighted works, such as music, literature, or art, without needing to obtain separate licenses for each individual work.
- Blockchain
- Decentralized, immutable digital ledger recording NFT transactions or provenance, enabling transparent ownership tracking.
- Blogger
- An individual who writes online content such as a journal (blog) dedicated to a specific subject, for example, art.
C
- Caricature
- Exaggerated or distorted depiction of a person or subject, often humorous or critical, emphasizing distinctive features for satire or commentary.
- Catalog
- A collection of artistic works.
- Catalogue Raisonné
- Scholarly compilation cataloging an artist's known works exhaustively, including details like title, date, technique, and provenance for authentication.
- Cease and Desist Letter
- A written notice demanding that the recipient immediately stop an activity.
- Certificate of Authenticity (COA)
- Written statement by an art merchant confirming, approving or attesting to the authorship of a work of fine art or multiple, which is capable of being used to the advantage or disadvantage of some person.
- Certificate of Copyright
- Official document of copyright registration, providing a record of the claimed ownership and registration date. Useful in disputes but not generally required for copyright protection.
- Certificate of Ownership
- Document proving legal title to an artwork, often including chain of title, purchase records, and transfer history as part of broader provenance documentation.
- CISAC
- The International Confederation of Societies of Authors and Composers.
- Civil Law
- Laws principally based on codes of statutes and Roman law rather than court decisions.
- Claim
- A rights holder's request for an entitlement, for example, royalties, redress, or reward.
- Clearance
- Official permission to use an artistic work, in whole or in part.
- CMO
- Collective Management Organization: An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders.
- CMO Royalties
- Payments from licensed uses (repro, exhibition, resale) distributed proportionally to artists post-deductions.
- Co-authors
- Creators who have produced an artistic work together.
- Co-Publishing Deal
- An agreement in which an artist shares the publishing rights and royalties with an art publisher.
- Co-Write
- When one or more creators produce an artistic work together.
- Collaboration
- Joint creative processes where multiple parties contribute to conception or realization, necessitating agreements for rights allocation.
- Collaboration Agreement
- Contract specifying rights ownership, revenue shares, and termination in joint projects.
- Collage Artists
- Creators assembling disparate materials (paper, fabric, found objects) into unified compositions, protected as derivative yet original works.
- Collages
- Composite works from cut or assembled preexisting materials, transformative originals.
- Collective
- Collective rights management through specialized organizations (CMOs) where visual artists pool economic rights for efficient administration, licensing, and royalty collection. Covers reprographic reproduction, private copying levies, and resale rights, distributing payments proportionally while artists retain moral rights and ownership. Mandatory in some jurisdictions for equitable remuneration.
- Collective Management Organization (CMOs)
- An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders.
- Collectively Bargain
- A negotiation process between representatives of workers, such as unions, and employers, such as trade bodies, to establish the conditions of employment.
- Commercial
- Intended to make money.
- Commercial Release
- The official distribution of an artistic work offered for public viewing, exhibition, or sale.
- Commission Agreement
- Contract where a commissioner pays an artist to create a specific work, outlining payments in installments upon milestones.
- Commission Contracts
- Binding terms for deliverables, IP ownership, warranties against infringement.
- Commissioned Work
- Bespoke art created per client specs; rights ownership per agreement (often commissioner).
- Common Law
- Laws principally based on court decisions rather than codes or statutes in countries that follow an English legal tradition.
- Communication
- Right to communicate visual artworks to the public by electronic means, including online display, streaming, webcasting, and making available on-demand via websites, apps, or social platforms. Requires copyright owner permission; exceptions may apply for education or cultural heritage digitization.
- Communication to the Public
- When an artistic work is presented live, made available online, or transmitted by any means other than distributing physical copies, for example at exhibitions, performances, galleries, or via webcasting or streaming.
- Compilations
- Original selections or arrangements of pre-existing materials (curated portfolios, exhibition catalogues, anthologies of images) protected as a separate copyright work, even though individual items retain their own rights. Protection covers the compiler's creative choices in selection and ordering, not the underlying artworks themselves.
- Compulsory License
- A license that allows certain uses of artistic works without express permission from the rights holders but subject to specific conditions and remuneration.
- Conceptual Artists
- Idea-driven creators prioritizing concepts over medium, using text, objects, or instructions as art.
- Consignment
- The owner (consignor, typically an artist) entrusts artworks to a gallery, auction house, or dealer (consignee) for exhibition and sale on their behalf, retaining ownership and title until sold. The consignee earns a commission from proceeds, bears fiduciary duties for care, insurance, and accounting, with terms covering duration, pricing, and unsold return specified in written agreements. This model minimizes upfront costs for owners while leveraging the consignee's market reach, common in secondary markets and artist-gallery relationships.
- Consignment Agreement
- Artworks with a gallery for sale at agreed prices, with the gallery taking a commission percentage upon sale.
- Consignment Contract
- Written terms governing risk, insurance, proceeds accounting during sale period.
- Conversions
- When a user is served a digital ad and completes an action, for example, clicking on a link and purchasing access to an exhibition or performance.
- Copyright
- The ownership of rights in an artwork under copyright law.
- Copyright Infringement
- Using a protected artistic work without the permission of the rights holders in cases where such permission is required by copyright law.
- Copyright Law
- National laws that protect creators' and other rights holders' moral and economic rights in artistic works and performances.
- Copyright Office
- A government agency responsible for regulating and administering copyright, including the enforcement of copyright laws.
- Copyright Piracy
- Criminal and commercial scale infringement; willful for enhanced damages.
- Court of Arbitration For Art (CAfA)
- Specializes in binding arbitration for art disputes like authenticity and ownership under Dutch law.
- Creative Commons
- Nonprofit providing free licenses (CC BY, NC, SA) enabling legal sharing and remixing.
- Creative Commons License
- A license that allows users to legally use artistic works for free under certain conditions.
- Creative Control
- Artist's dominant intellectual choices determining work's form, essential for authorship.
- Creator
- Anyone who contributes to creating or performing an artistic work.
- Creators' Rights
- Controls creators have over what they created or produced in artistic work and over their identity and image.
- Credit
- Documented history of an artwork's ownership, custody, exhibitions, sales, and location from creation to present, verifying authenticity and value. Also: attributing images or artworks to their creators, especially under Creative Commons licenses, to avoid infringement in graphic design and visual uses.
- Credit Lines
- Labels placed near artworks providing details like artist name, title, year, medium, and source, distinguishing them from full citations.
- Credited
- To be publicly acknowledged for a contribution to the creation of artistic work, for example, listing an artist's name.
- Credits
- Public acknowledgment of someone's contribution to the creation of art, for example, by using an artist's name.
- Criticism
- Permitted use of work portions for analytical review or commentary; qualitative and quantitative fairness test. Often overlaps quotation or parody.
- Cultural Funds
- Money used to promote culture by providing social, cultural, and educational services for the benefit and welfare of creators.
- Cumulative Protection
- Overlapping intellectual property rights, such as copyright and design rights, for visual arts without conflict. EU regulations explicitly permit this cumulation with national copyright laws.
- Curators
- Experts selecting and contextualizing artworks for exhibitions, providing narrative frameworks.
D
- Deal
- A common term used in the art industry to describe an agreement or contract between a creator and a gallery, publisher, or other art-related entity.
- Dealer
- Art trader buying low or selling high in primary and secondary markets, ensuring provenance for resale value.
- Derivative Work
- A new work based on a pre-existing work.
- Derivative Works Right
- Granting copyright owners in visual arts exclusive authority to create new works based on their original artwork, such as adaptations, modifications, collages, or digital remixes, requiring permission for any substantial transformation.
- Designers
- Creators of original works combining aesthetic and functional elements, such as graphics or products, protected by copyright for expressive aspects and design law for utilitarian ones.
- Digital Artists
- Practitioners using software and tools for generative art, 3D modeling, or blockchain-based works like NFTs, requiring human creative input for copyright.
- Digital consignment
- Blockchain-based arrangement using NFTs and smart contracts where artists consign digital artworks to online platforms or marketplaces. Title and ownership transfer automatically to buyers only upon verified sale completion, with royalties often programmed for perpetual resales. Artist retains control and provenance tracking pre-sale, minimizing intermediary risks while ensuring transparent accounting.
- Digitization
- Process of converting physical artworks into digital formats (scans, photos) for archiving, display, requiring reproduction rights clearance unless fair use or exception applies.
- Distribution
- Transferring physical copies to public via sale, rental, lending.
- Distribution Right
- Exclusive copyright granting owners control over first public distribution of original visual artworks or copies (sale, rental, public lending). Exhausts after first authorized sale (first sale doctrine), allowing subsequent resales, loans, or transfers without further permission, though reproduction and moral rights persist.
- Drawing
- Linear or shaded manual marks on paper or surface constituting original graphic expression.
E
- Ecological Sustainability
- Art practices minimizing environmental impact (recycled materials, low-carbon shipping).
- Economic Rights
- The rights to control or receive payment for the commercial exploitation of works. Exclusive rights to reproduce, distribute, rent, adapt, communicate work publicly; transferable.
- Enforcement
- Injunctions, damages, and takedown notices to protect copyrights against unauthorized use. Artists use monitoring tools and metadata to support claims effectively.
- Engagement
- The active response of people to a marketing campaign, event or strategy.
- Ephemeral Art
- Transient installations or works using impermanent materials like sand or ice, challenging fixation requirements for copyright. Indian law debates their tangibility despite temporary nature.
- Ethical standards
- Professional codes mandating transparency, conflicts disclosure, fair dealing (attribution).
- Europeana
- EU digital platform aggregating 60M+ cultural artifacts from 4,000+ institutions.
- Exception
- Specific statutory limitations allowing unauthorized use (quotation, education) under Berne three-step test.
- Exclusive License
- Licensor cannot grant same rights to others; licensee sues infringers. Valuable monopoly.
- Exclusive Licensee
- In art licensing, an exclusive licensee is granted the sole right to use an artist's work for a specific purpose, time, and territory, excluding even the artist themselves from using the work in that same way.
- Exclusive Rights
- The rights to determine the terms and conditions under which an artistic work can be licensed or not for use.
- Exhaustion of Rights
- First sale doctrine ends distribution right territorially or internationally.
- Exhibition Right
- Permits public showing of artworks, akin to display rights in copyright.
- Expert Determination
- A form of dispute resolution where parties submit a dispute concerning a particular technical issue to a neutral third party, called an expert, who will make a decision.
- Exploitation Rights
- Reproducing or representing visual works, subject to exceptions like private use if not harming the artist's legitimate interests.
- Expression of Folklore
- A form of expression, usually passed down from generation to generation, consisting of characteristic elements that reflect the heritage of a traditional or indigenous community. For example, dance, art, ceremonies, and stories.
F
- Fabricators
- Workshops or assistants that physically realize an artist's conceptual design (casting sculptures); copyright vests in artist via contract, not fabricator, absent employment relationship.
- Fair Dealing
- A legal doctrine based on UK copyright law that allows the limited use of copyrighted material in specific scenarios without permission from its rights holders.
- Fair Use
- A legal doctrine based on a US copyright law that allows limited use of copyrighted material in specific scenarios without permission from its rights holders.
- Featured Artist
- A creator collaborating with the main artist on an artistic work or presentation.
- First Sale Doctrine
- Exhausts copyright holder's distribution rights after lawful sale of an original.
- Fixation
- Requirement that a work be embodied in a tangible medium sufficiently permanent or stable to permit perception, reproduction, or communication for more than transitory duration, prerequisite for copyright protection.
- Flat Fee
- A pricing structure that charges a single fixed fee.
- Folklore
- Customs, beliefs, stories, and sayings handed down from generation to generation.
- Freedom of Panorama
- Exception allowing commercial photography, reproduction of artworks permanently installed in public places (exteriors); varies by country.
G
- Gallery
- Commercial space exhibiting, selling art, acting as intermediary under representation agreements defining commissions, exclusivity.
- Graphic Works
- Prints, drawings, and similar two-dimensional visual arts protected under copyright as original creations fixed in tangible form.
H
- Human Creativity
- Originality standard requiring minimal spark of independent effort beyond mechanical reproduction.
I
- Identifiers
- Unique alphanumeric codes used to identify creators, rights holders.
- Illustrations
- Purposeful images clarifying or complementing text or ideas, copyrightable if original.
- Illustrators
- Visual storytellers producing images to accompany text, concepts, or media, often for books, advertising, or editorial use, requiring originality for protection.
- Image Rights
- The right to control a person's own representation on images, such as photographs or videos.
- Implied (non-written) Licences
- Permission inferred from conduct (emailing artwork for approval); scope limited by circumstances.
- Impression
- The number of times a digital ad has been displayed to users.
- Independent
- Not affiliated with any other entity or company.
- Independent Artist
- A creator who does not have a contractual agreement with a gallery, publisher, or other art-related entity.
- Independently
- Without affiliation, by oneself.
- Infringement
- The use of a protected artistic work or performance without the permission of the rights holders or a license from a CMO in cases where such permission or license is required by copyright law.
- Infringing Copyright
- The use of a protected artistic work without the permission of the rights holders in cases where such permission is required by copyright law.
- Injunctions
- Equitable court orders prohibiting infringing acts or destruction.
- Installation Artists
- Designers of immersive, site-responsive environments combining objects, space, light, and media for experiential engagement.
- Integrity
- Moral right protecting work against derogatory treatment, modification, or context harming artist's honor or reputation; inalienable.
- Intellectual Property
- Creations of the mind, such as copyrighted works, performances, sound recordings, patented inventions, registered designs, or trademarks.
- Intellectual Property Office
- A government agency responsible for regulating and administering intellectual property.
- Intellectual Property Rights
- Rights, including copyright and related rights, in creations of the mind, such as copyrighted works, performances and sound recordings, patented inventions, registered designs, or trademarks.
- Interim Measures
- Provisional orders preserving status quo (asset freeze) pre-award.
- International Agreements
- Multilateral treaties like Berne ensuring automatic cross-border copyright recognition.
- Interpol
- Global police network issuing stolen art notices, coordinating cross-border recoveries via Object ID.
- Inventory Codes
- Alphanumeric systems linking artworks to records, displaying details like artist initials, size, and production year for galleries and artists.
- ISNI
- International Standard Name Identifier: a unique identifier for people, organizations, and companies involved in creative activities.
- ISO standard
- An internationally recognised formula that describes the best way of doing something.
J
- Joint Authorship
- Contributions by multiple authors intended to merge into inseparable whole; co-owners share undivided rights, each licensable independently. When two or more creators collaborate on a work of visual art, such as paintings or sculptures, with each contributing original elements intended as a unified whole. Copyright protection applies automatically to such original artworks.
L
- Land Art
- Environmental modifications or interventions, site-specific moral rights.
- Licence
- UK spelling: contractual permission for limited use without ownership transfer; revocable unless stated.
- License
- Permission to use copyrighted artwork under certain conditions, usually for a fee.
- License Fee
- A sum of money paid for the permission to use copyrighted material, such as an artistic work, under certain conditions, and usually for a fee.
- Licensed
- Permission granted to use copyrighted material, such as an artistic work, under certain conditions, and usually for a fee.
- Licensee
- The person or entity that obtains a license to use copyrighted material, such as an artistic work.
- Licenses
- Permission granted by copyright owner (licensor) to a licensee for specific uses (reproduction, display) for a fee, term, without transferring ownership; can be exclusive (sole user) or non-exclusive.
- Licensing
- The process of granting permission to use copyrighted material, such as an artistic work.
- Licensing Fees
- Money paid for a license that allows the use of copyrighted material, such as an artistic work.
- Licensing Organizations
- Organizations that license the use of copyrighted material, such as artistic works.
- Licensor
- The person or entity that grants a license to use copyrighted material, such as an artistic work.
- Loan Agreements
- Temporary transfer for exhibition or research; specifies insurance, condition reports, duration.
- Lump-Sum
- A sum of money paid as a one-time payment.
M
- Main Artist
- A creator or group of creators credited as the primary artist mainly featured in an artistic work or presentation.
- Make Available
- When an artistic work is communicated to the public in such a way that members of the public may access the work from a place and at a time individually chosen by them, such as online viewing or digital download.
- Making Available to the Public
- When an artistic work is available to members of the public from a place and at a time individually chosen by them, such as online viewing or digital download.
- Mandate
- Artist's formal authorization granting CMO power to license or collect specific rights on their behalf.
- Mediation
- A voluntary dispute resolution method that may include all parties involved in a dispute.
- Mediator
- Neutral third party facilitating voluntary dispute settlement without binding decision.
- Metadata
- Data that describes other data, for example, information that describes creators, other rights holders. Structured information about works, provenance or creation details, blurring lines between the artwork and its descriptive data in digital contexts.
- Mixed Media/Interdisciplinary Artists
- Integrators blending visual arts with sound, performance, tech, or craft for hybrid expressions.
- Monetize
- The process of converting something into money.
- Moral Rights
- Rights that protect the identity, integrity, and reputation of artists and their work.
- Muralists
- Painters executing large-scale works directly on walls or ceilings, often site-specific with public display considerations.
- Murals
- Large-scale artworks painted or affixed directly to walls or permanent surfaces; protected as artistic works.
- Museums
- Public or private institutions collecting, preserving, exhibiting, and interpreting visual art for education or access.
N
- National Copyright Office
- A government agency responsible for regulating and administering copyright and related rights.
- Neighboring Rights
- Another term for Related Rights, the moral and economic rights creators and other rights holders have over their performances.
- Non-exclusive licence
- Multiple parties may license same rights simultaneously; flexible revenue stream.
- Non-Fungible Token (NFT)
- Unique blockchain-based digital token representing ownership or proof of authenticity of an asset (digital art), without inherently transferring copyright unless licensed separately.
- Notice-And-Takedown Procedures
- Statutory process for copyright owners notifying platforms to remove infringing content (DMCA safe harbor).
O
- Object ID
- Interpol/UNESCO standard checklist (10 categories: type, maker, materials) for describing stolen art internationally.
- Open Calls
- Public announcements soliciting artist submissions for opportunities (residencies, biennales).
- Original
- A creative contribution to an artistic work that is sufficiently distinct from any pre-existing art work.
- Originality
- The minimum creative threshold for copyright protection, requiring that a work originates from the author and reflects their independent intellectual creation (not copied and possessing some minimal degree of creativity).
- Other Public Body
- A government organization.
- Ownership
- Legal title to economic rights, separable from moral rights and transferable by assignment.
- Ownership Arrangements
- Contractual structures allocating copyright or title (joint, assigned, licensed).
- Ownership disputes
- Contests over title due to theft, fraud, undisclosed liens; defenses include good faith purchase.
P
- Painters
- Artists applying pigments (oil, acrylic, watercolor) to surfaces like canvas or walls to express original ideas, emotions, or narratives through color and form.
- Painting
- Original two-dimensional work using pigments on support (canvas, panel), expressing artistic vision.
- Parody
- Humorous imitation exaggerating original's flaws for ridicule; EU exception if observes humor conventions, no conflict with normal exploitation. U.S. fair use.
- Pastiche
- Musical or literary imitation blending styles as homage; UK exception (CDPA s.30(1ZA)); collage-like stylistic mix.
- Perform
- In the context of art, to present an artistic work live or in a recorded format.
- Performance
- In the context of art, when an artistic work is presented live or in a recorded format.
- Performance Art
- Live artworks using the artist's body, actions, or ephemerality as primary medium.
- Performance Artists
- Practitioners using body, actions, and duration as medium, often documented for fixation and copyright.
- Performance Royalties
- Money paid to the rights holders of artistic works whenever they are publicly presented, whether live or through recordings or digital media.
- Performer
- In the context of art, a creator presenting an artistic work live or in a recorded format.
- Performers' Rights
- The moral and economic rights performers have over their presentations of artistic works.
- Performing Right
- The right to present an artistic work publicly, live or in a recorded format.
- Persona
- A public image of one's personality.
- Personal Copies
- Individual reproductions for private non-profit purposes; temporary exceptions excluded.
- Personality Rights
- Rights for a person to control the use of their identity, such as name, image, likeness, or other unequivocal identifiers.
- Photograph
- Fixed image produced by light action on sensitive surface, own term of protection.
- Photographers
- Artists capturing fixed images via light-sensitive mediums or digital sensors, creating original compositions eligible for independent copyright.
- Physical
- Something tangible.
- Physical Formats
- Tangible items such as prints, sculptures, paintings, or other physical artistic works.
- Physical Product
- Tangible items such as prints, sculptures, paintings, or other physical artistic works.
- Piracy
- Systematic unauthorized mass reproduction or distribution for profit.
- Pirating
- Reproducing copyrighted artistic works without authorization.
- Plagiarism
- Unauthorized copying without attribution, distinct from legal infringement (lacks permission).
- Printmakers
- Specialists producing limited editions via techniques like lithography, or screenprinting, each impression considered original if signed or varied.
- Private collections
- Individually or corporately owned holdings driven by passion, investment, or philanthropy, often loaned publicly.
- Private Copying
- Copying of artistic works for private, personal purposes.
- Private copying levies
- Compensatory fees on blank media or devices for private reproductions, pooled via CMOs.
- Private use
- Non-commercial personal or domestic copying (home backups); often levy-funded in EU, narrower in U.S.
- Products
- Tangible items such as prints, sculptures, paintings, or other physical artistic works.
- Prompts
- Textual, visual, or other instructions provided by a user to direct an AI system in generating content; while prompts express user intent, they typically lack sufficient authorship to claim copyright in AI-generated outputs unless the user exercises creative control through iterative refinement, selection, arrangement, or modification of results.
- Provenance
- Complete documented history of an artwork's ownership, custody, location, exhibitions, and authenticity from creation to present, essential for verifying legitimacy and value.
- Provenance dispute
- Ownership chain breaks (Nazi gaps); burden on current possessor. Provenance disputes concern an artwork's ownership history, crucial for title validation and resolution.
- Pseudonyms
- A name someone uses instead of their real name.
- Public
- Relating to or in service of people in general, i.e., the public.
- Public collections
- Government or museum-held artworks accessible for public benefit, research, and cultural identity.
- Public display
- Exhibiting original to unspecified public (galleries, webcams).
- Public Domain
- When an artwork is no longer protected under copyright law.
- Public Place
- Freely accessible location without entry fee or restriction for panorama exception (streets, parks); interiors often excluded.
- Publicity Rights
- A person's rights in how they are represented.
- Published
- Having an artistic work made available for public viewing, exhibition, or consumption, for example, a painting displayed in a gallery or a digital artwork made available online.
- Publisher
- A company that represents artists, supporting their career development, monetizing artistic works, and protecting copyrights.
- Publishing Administrator
- A provider of art publishing services who does not attain any actual copyright from artists.
- Publishing Agreement
- A contract between an artist and a publisher for the publishing rights. It typically specifies the details of their agreement, the royalty percentage each party will receive, which territories the publisher will represent in, and the length of the contract.
- Publishing Deal
- A contract between an artist and a publisher for the publishing rights. It typically specifies the details of their agreement, the royalty percentage each party will receive, which territories the publisher will represent in, and the length of the contract.
Q
- Quotation
- Copyright exception that permits the limited use of excerpts from protected works, without permission, for purposes such as criticism, review, or illustration, subject to fairness and proportionality requirements.
R
- Reciprocal Agreement
- Bilateral CMO pacts enabling foreign royalty collection or distribution.
- Reciprocal Representation Agreements
- CMOs delegating rights management cross-border. Allowing galleries mutual promotion and sales of artists' works across locations.
- Register
- To submit information relating to artistic works to an appropriate registration body, for example, copyright ownership information submitted to a Collective Management Organization or copyright office.
- Registered
- Having submitted information relating to artistic works to an appropriate registration body, for example, copyright ownership information submitted to a Collective Management Organization or copyright office.
- Registering
- Submitting information relating to artistic works to an appropriate registration body, for example, copyright ownership information submitted to a Collective Management Organization or copyright office.
- Registration
- The process of submitting information relating to artistic works to an appropriate registration body, for example, copyright ownership information submitted to a Collective Management Organization or copyright office.
- Remuneration
- A payment for the use of an artwork under a statutory license.
- Remuneration Rights
- Under copyright law, the right to have payment for the use of an artwork under a statutory license.
- Rental
- In the context of art, allowing someone to use a physical artistic work, such as a painting, sculpture, or other tangible item, for a defined period with the obligation to then return it to its owner.
- Representation Agreements
- Agreements between organizations such as Collective Management Organizations (CMOs) that allow them to represent other rights holders represented by other CMOs in other countries.
- Reproduce
- To make copies.
- Reproduced
- Copies having been made.
- Reproduction
- The action or process of copying, for example, making copies of an artistic work. A copy, in any medium, of a work of fine art, that is displayed or published under circumstances that, reasonably construed, evinces an intent that it be taken as a representation of a work of fine art as created by the artist.
- Reproduction Rights
- Right to reproduce, prepare derivative works of, distribute copies of, publicly perform or publicly display a work of fine art.
- Reproduction Rights Organizations (RROs)
- CMO subsets licensing image or text copying for print, digital uses (via blanket tariffs).
- Resale Right (droit de suite)
- In certain jurisdictions, an artist’s inalienable right to receive a royalty when their original artwork is resold on the secondary art market.
- Resale Royalties
- Artist's resale right or droit de suite, entitle creators of original visual artworks to a percentage (typically 2% to 10%) of the sale price each time their work is resold through art market professionals like galleries or auctions.
- Restitution
- Returning looted or disputed works to original owners, often via court-tolled statutes of limitations.
- Right of Attribution
- The moral right to be recognized as the creator or performer of an artistic work.
- Right of disclosure
- Moral right (divulgation) to decide first publication or keep private.
- Right of Distribution
- The right to offer copies of an artistic work for sale or public access, for example through physical sales, digital downloads, or online platforms.
- Right of Integrity
- The moral right to refuse any modification that disrespects or distorts the artistic work or its creator.
- Right of Making Available to the Public
- The right to communicate an artistic work to the public in such a way that members of the public may access it from a place and at a time individually chosen by them, such as online viewing or digital download.
- Right of Public Display
- Exclusive copyright allowing owners to show original visual artworks or copies publicly (galleries, exhibitions, online, broadcasts). Exceptions permit lawful owners of sold copies to display privately purchased works without permission, but not to reproduce, distribute copies, or exhibit unauthorized multiples.
- Right of Reproduction
- The right to make copies of an artistic work.
- Right of Withdrawal
- Moral right allowing authors to discontinue distribution of published visual artworks from commerce, reclaim copies, or cease exhibitions, subject to compensating prior licensees proportionally.
- Right to display
- Public showing of lawfully owned artwork copies without copyright owner permission, per U.S. exceptions to exclusive rights.
- Rights
- The controls creators or rights holders have over what they have created or produced and over their identity and image.
- Rights Holder
- A person or company that has Intellectual Property Rights in artistic work.
- Rights Management
- General activities undertaken to administer, preside over or manage rights.
- Rights Management Entities
- Organizations focused on specific aspects of rights management. They may work with others to collectively manage larger portfolios of rights.
- Rights Owner
- A person or company that owns intellectual property rights to an artistic work under copyright law.
- Rights Transfer
- Passing on rights to a third party who becomes the rights holder.
- Royalties
- Money paid for the right to use an artistic work, typically but not always in the form of recurring payments.
- Royalty
- Money paid for the right to use an artistic work, typically, but not always, in the form of recurring payments.
- Royalty Splits
- The division of royalties earned from the use of an artistic work, usually represented as a percentage.
S
- Satire
- Broader social or political commentary via exaggeration.
- SCAPR
- Societies' Council for the Collective Management of Performers' Rights: the international association for the development of the practical cooperation between performers' collective management organizations.
- Sculptors
- Creators shaping three-dimensional forms from materials like stone, metal, wood, or resin, embodying conceptual vision in tangible mass or volume.
- Secondary Art Market
- Resale sector beyond first gallery sale, where provenance and droit de suite apply.
- Secondary Market
- Post-initial-sale transactions via auctions or dealers, activating resale right (droit de suite) royalties.
- Settlement Agreement
- Binding contract resolving dispute with payments, releases, confidentiality (often "full and final"). Resolving art disputes out-of-court, often via mediation, preserving relationships.
- Site-specific installation
- Artwork conceived for particular location; destruction or relocation violates integrity right.
- Site-specific works
- Artworks inherently linked to location, protected against relocation or destruction harming integrity.
- Smart Contracts
- Computer program or a transaction protocol which is intended to automatically execute, control or document legally relevant events and actions according to the terms of a contract or an agreement. The objective of smart contracts is to allow trusted transactions and agreements to be carried out among disparate, anonymous parties without the need for a central authority, legal system, or external enforcement mechanism.
- Social Media
- Internet-based exchange or sharing of user-generated content or communications.
- Social Media Campaign
- A targeted advertising campaign across social media platforms to encourage a specific action, such as signing up for a mailing list.
- Social Media Platforms
- Digital service platforms for the creation, exchange, or sharing of any user-generated content or communications.
- Social Security
- Health, unemployment, pension, and related insurances and benefits.
- Sole Authorship
- Single creator holding full undivided rights without collaboration claims.
- Split
- Also sometimes referred to as shares, the portion of ownership a rights holder has or the portion of income they are entitled to.
- Stage Name
- A name someone uses instead of their real name.
- Statutory Damages
- Pre-determined monetary awards for copyright infringement when actual damages hard to prove; judge or jury discretion based on willfulness, cooperation.
- Statutory Licenses
- A license established in legislation that allows certain uses of artistic works without express permission from the rights holders but subject to specific conditions and remuneration.
- Statutory Licensing Systems
- Legal frameworks or legislation that allow certain uses of artistic works without express permission from the rights holders but subject to specific conditions and remuneration.
- Statutory Limitations
- Legislated copyright exceptions (quotation, education, criticism) permissible under Berne Convention's three-step test: (1) special case, (2) no conflict with normal exploitation, (3) no unreasonable prejudice to rights holders' legitimate interests. Ensures balanced access while protecting creators.
- Statutory Remuneration Rights
- Legally mandated unwaivable payments for certain uses (reprography levies) managed collectively.
- Stores
- Online platforms, such as digital marketplaces, or physical locations where consumers can purchase or access artistic works.
- Street Art
- Unauthorized or ephemeral public murals, graffiti, stencils, and wheatpastes creating visual interventions in urban spaces, often raising moral rights conflicts (attribution, integrity) with property owners and freedom of panorama exceptions for photography or reproduction.
- Street Artist
- Urban creators using graffiti, stencils, wheatpastes, or projections in public spaces without permission, navigating moral rights protections against destruction alongside panorama exceptions that permit commercial reproduction of permanently placed works.
- Sui generis
- Latin phrase that translates to "of its own kind". Refers to a form of legal protection for subject matter that is not adequately covered by traditional intellectual property rights.
T
- Takedown Notice
- The process of removing copyrighted artistic works from the internet that are being used without permission.
- Technological Protection Measures
- Technological tools that restrict uses of artistic works that are not authorized by the rights holders or permitted by law.
- Term of Protection
- The duration of copyright or related rights protection.
- Textile and ceramic artists
- Manipulators of fabric or thread or clay for textured, sculptural forms bridging craft and fine art.
- Trademark
- A sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
- Trademark Office
- An agency that registers trademarks.
- Trademark Rights
- Controls rights holders have over a registered trademark that prevent it from being used by others without their permission.
- Traditional Cultural Expressions (TCEs)
- Creative expression of traditional culture that is part of the identity and heritage of an indigenous people or local community and passed down from generation to generation.
- Traditional knowledge (TK)
- Knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.
- Transfer
- Broad conveyance of rights or title (assignment, license, gift, inheritance); automatic in work-for-hire.
- Transferred
- Where the ownership or management of rights has been granted to others in addition to or instead of the original rights owner.
- Transfers
- Any conveyance of ownership or rights (sale, gift, inheritance).
- Transformation
- Altering original work to create new meaning or expression (parody), potentially fair use if transformative enough.
- Transformative
- Adding new expression or meaning justifying fair use (criticism, parody).
- Transforming
- Modifying original to produce derivative, often invoking fair use analysis for commentary or criticism.
- Tribunal
- A court or other official judicial body established by law to resolve legal disputes.
U
- U.S.
- United States of America.
- UGC Platform
- User Generated Content (UGC); a type of platform that allows users to upload and share their own content, as well as discover new content from other users.
- Union
- Organizations that work politically and legally to promote their members' interests and support sustainability and growth within the art industry.
- Usage
- In the context of art, it is used to describe the use of an artistic work, for example, the type and number of exhibitions, displays, or reproductions.
- Usage Report
- A report that details the types and number of uses of an artistic work, for example, the number of exhibitions, displays, or reproductions.
- User Generated Content
- Any form of content created and shared by users on internet platforms. In the context of art, this is typically images, videos, or digital adaptations of artistic works.
- Users
- Persons and organizations that engage in commercial or public use of artistic works, for example, galleries, museums, online art platforms, and retail businesses.
V
- Variations
- Different versions of an artistic work which incorporate modified elements, while still retaining recognizable elements of the original.
- Video/media artists
- Makers of time-based works using moving images, projections, or multimedia to explore narrative, abstraction, or conceptual themes.
- Virtual exhibition
- Online 3D/360° immersive shows replicating physical galleries.
- Virtual reality (VR)
- Fully immersive digital simulations experienced via headsets, fixation via code or files.
- Visual Artist
- In the context of art, a creator or group of creators who produce or present an artistic work, whether in physical, digital, or live form.
- Voluntary Agreement
- When the parties involved in a dispute agree on a solution without having to go to court.
W
- Waived
- When a rights holder declares not to assert certain rights.
- Wall labels
- Interpretive text near exhibits, focusing on visitor-centered information like artist background and context.
- Watermarks
- Visible or invisible markers overlaid on images (logos, text) to deter unauthorized copying and assert ownership during online sharing or previews.
- Website Sign-Up Form
- A web page for users to enter required information in order to receive specific news related to a creator and their art.
- WIPO Arbitration and Mediation Center
- The WIPO Arbitration and Mediation Center is a specialized provider of dispute resolution services, helping parties resolve intellectual property IP, technology, and commercial disputes through mediation, arbitration, expert determination, and domain name dispute resolution services, offering an efficient and confidential alternative to court litigation. The Center serves a variety of users including creators and other parties in the visual arts industry.
- Work
- In the context of art, a creation in any artistic medium.
- Work Made For Hire
- An arrangement that automatically grants ownership of artistic works created under an employment contract to the employer rather than the creator. Also refers to an artwork created under contract that belongs to the commissioner or employer, not the artist.
- World Intellectual Property Organization (WIPO)
- World Intellectual Property Organization: a United Nations agency and a global forum for intellectual property policy, services, information and cooperation.