Art prints copyright

XxMCRxBabyxX

So I'm pretty sure that I know the answers to these but I promissed a friend that I'd look into this for him so here I am looking for a solid answer. He won't trust my opinions on their own! He's an artist and has been selling prints of his work as well as full paintings.

His first question was if he sells someone a print can they, under copyright laws, sell it on? I'm thinking that they have total freedom to do so as it's now their property?

Secondly, could that print be used in a business logo without his permission? That definitely would be breach of copyright yes?

I'm hoping that this doesn't come across as looking for legal advice. Just some Qs from an up and coming artist.

Beano

XxMCRxBabyxX wrote: »

So I'm pretty sure that I know the answers to these but I promissed a friend that I'd look into this for him so here I am looking for a solid answer. He won't trust my opinions on their own! He's an artist and has been selling prints of his work as well as full paintings.

His first question was if he sells someone a print can they, under copyright laws, sell it on? I'm thinking that they have total freedom to do so as it's now their property?

They do.

XxMCRxBabyxX wrote: »

Secondly, could that print be used in a business logo without his permission? That definitely would be breach of copyright yes?

It would.

hullaballoo

Just to be clear, they can sell it on but generally they cannot reproduce it for sale.

XxMCRxBabyxX

Thanks guys. So I'm definitely correct about both points? I know this sounds very simple and stupid but he was quite determined that I had the correct answers so I said that I'd double check.

hullaballoo

XxMCRxBabyxX wrote: »

Thanks guys. So I'm definitely correct about both points? I know this sounds very simple and stupid but he was quite determined that I had the correct answers so I said that I'd double check.

Yep. A word of warning: friends and family who look for legal advice almost invariably do the opposite to what you advise.

I have found that these people are more inclined to do what is suggested by their mechanic, hairdresser, old lady they met in Lidl, someone with a vested interest in telling them the wrong thing or what some raving lunatic on Joe Duffy may have had to say about it.

Be warned.

XxMCRxBabyxX

hullaballoo wrote: »

Yep. A word of warning: friends and family who look for legal advice almost invariably do the opposite to what you advise.

I have found that these people are more inclined to do what is suggested by their mechanic, hairdresser, old lady they met in Lidl, someone with a vested interest in telling them the wrong thing or what some raving lunatic on Joe Duffy may have had to say about it.

Be warned.

I shall bear that in mind! But hey, once I've told him what I know I take no responsibility for any mess up he makes! :-)

Dubwat

I just stumbled across the thread.

I purchased a limited edition print in the IMMA back in 2005. I didn't realise it at the time but the T&C's on the back of an accompanying letter said...

- ..... It is the Artist's expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment. Specifically, you may not sell of offer for sale the Artwork on any internet base auction or website.

- Copyright in the Artwork remains the property of the Artist

I like the print but I wouldn't have bought it if I'd known of this restriction. Maybe I should hang it in my hallway and charge admission

Beano

it doesnt say you cant sell it somewhere that isnt an internet base auction or website. i expect to win the lotto tomorrow. it doesnt mean i will.

salamanca22

Beano wrote: »

it doesnt say you cant sell it somewhere that isnt an internet base auction or website. i expect to win the lotto tomorrow. it doesnt mean i will.

It also in my non professional opinion doesn't constitute a contract that forbids the selling on of the item as it was only outlayed after the sale so the purchaser can do what they like with it be that auction it on ebay or in their garage!

Again, it's my opinion and I am not a solicitor.

Pro Hoc Vice

salamanca22 wrote: »

It also in my non professional opinion doesn't constitute a contract that forbids the selling on of the item as it was only outlayed after the sale so the purchaser can do what they like with it be that auction it on ebay or in their garage!

Again, it's my opinion and I am not a solicitor.

The issue at a guess is more about copyright than contract, to see the item on the internet a copy of the print will need to be put on the web site, as all artists usually retain copyright, this artist wants to make sure no copies of the image appear on the net.

Johnboy1951

Pro Hoc Vice wrote: »

The issue at a guess is more about copyright than contract, to see the item on the internet a copy of the print will need to be put on the web site, as all artists usually retain copyright, this artist wants to make sure no copies of the image appear on the net.

Would using a thumbnail and/or watermark the pic on line overcome such concerns?