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Reproduction Right


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One of the most important economic rights for visual artists is the exclusive right to allow or forbid others to reproduce their work.

“Reproduction” generally refers to making copies of an artwork—in any form.

The specific meaning of varies across countries, but it can include photographing, scanning, or creating prints or replicas.

In some countries, the law however treats a limited number of copies made by the artist themselves, or under their supervision, as if they were originals, so long as they are numbered, signed, or otherwise marked as authentic. This is particularly important in countries where artists benefit from the , which gives them the right to a royalty payment when original works are resold.

For more information about this, explore our page on Resale Right (Droit de Suite).

When Copying is Infringement

Copying an artwork without permission will usually infringe the reproduction right, for example by making physical or digital copies. Related acts, such as placing the image on merchandise or promotional materials, or incorporating the artwork, or part of it, into another work, may also involve separate infringements of other rights, such as distribution, communication to the public, or adaptation, depending on how the copy is used. Any unauthorized copying may violate the rights of the copyright owner, even if it was unintentional.

There are, however, limited situations in which making a copy may be allowed. For example, private use, education, or criticism, or in the case of works displayed in public spaces.

Explore our pages on the Scope of Protection.

An artist is allowed to draw inspiration from another artist’s style, technique, or concept, as long as they are not copying protected elements of the original work.

Simply reflecting another artist’s general style, without replicating specific, protectable features, typically does not amount to copyright infringement. In other words, creating works “in the style of” another artist for example, something reminiscent of Keith Haring (1958–1990), is generally not restricted, though the rules can vary between countries.

However, there is no clear line between acceptable copying from infringement—even a small portion of a work may constitute infringement if it captures central or distinctive elements of the artist’s expression.

Understanding the boundary between inspiration and reproduction may help you explore and develop your own creative voice while still respecting the copyrighted expression of others, but it is important to seek legal advice if the distinction is unclear.

Ask yourself: Am I inspired by this artist’s ideas and style, or am I reproducing specific creative elements that make their work unique?

Image credit: WEKWEK