Commissions checklist
14 Copyright and reproduction rights
- Who will own the copyright in the commissioned work, maquettes and preliminary drawings? Note: Copyright in all work produced should remain with the artist.
- What reproduction rights will the artist grant the commissioner and other parties involved in the commission? Note: The commissioner will usually be granted the rights to reproduce images of the work for publicity and promotional purposes connected with the work and the commission. This is particularly important if the commission is part of a public competition or if the commissioner needs to raise additional funds for the production of the work. Commercial reproduction such as the sale of merchandise will normally be excluded. The artist may also need to grant limited reproduction rights to other parties involved in the commission for example the funders, collaborators, subcontractors and architects.
- Is the commissioned work or a part of it capable of industrial application, for example a design for seating or lighting? Note: For functional and aesthetic designs capable of industrial application, design right comes into existence automatically when the design is made. Unlike copyright, the commissioner, not the artist is the first owner of the design right, unless this is otherwise agreed and written into the agreement.
