Economic and Moral Rights of Visual Artists

Visual artists are granted exclusive rights over their creations, encompassing all forms of use and distribution, whether in original or modified formats. Utilizing a copyrighted work necessitates obtaining permission from the creator.

Economic Rights

Economic rights pertain to the financial aspects of a work and can be transferred, either partially or entirely. It’s important to note that transferring ownership of a physical piece does not automatically transfer its copyright. For instance, selling a video copy doesn’t grant the buyer rights for public presentation or further distribution.

Key components include:

• Reproduction Rights: This covers all forms of duplicating the work, such as printing, copying, or digitizing. Photographing an artwork or converting it into a digital format constitutes reproduction.

• Public Accessibility Rights: This involves making the work available to the public through exhibition, display, distribution, or online dissemination. For visual arts, this primarily means public display, but also includes online sharing.

Artists are typically entitled to remuneration when their economic rights are exercised. For example, using a photograph online requires compensating the artist. Similarly, artists have the right to receive exhibition remuneration when their owned works are publicly displayed. artists.fi

Moral Rights

Moral rights safeguard the personal and reputational connection between artists and their works. These rights include:

• Right of Attribution: Ensures that artists are recognized as the creators whenever their work is used, following standard practices.

• Right to Integrity: Protects the work from alterations that could harm its artistic value.

Additionally, artists retain the right of access to their works, even after transfer. This allows them to view their creations when necessary for artistic purposes or to exercise their economic rights, provided it doesn’t cause undue inconvenience to the current owner. wipolex-res.wipo.int

Limitations to Copyright

While artists hold exclusive rights, these are subject to certain limitations imposed by law:

• Private Use: Individuals may copy a work for personal use without seeking permission. However, copying from illegal sources is prohibited.

• Quotations and Citations: Published works can be quoted, including image citations, provided it’s done according to fair practice and to the necessary extent. The creator and source must be appropriately credited.

• Educational Use: For educational purposes, images of published works can be included in critical or scientific presentations related to the accompanying text. However, this doesn’t permit extensive use where images form the main content.

• Exhibition and Marketing: Works displayed in exhibitions can be photographed for communication or marketing purposes, such as in exhibition catalogues. Notably, this exception doesn’t extend to digital content; online publication requires the creator’s consent.

• Public Display in Open Spaces: Artworks permanently situated in public places, like parks, can generally be photographed without the artist’s permission, provided the images aren’t used commercially. For instance, using such photographs in a commercial book where the artwork is the main subject would require consent.

These limitations are designed to balance the rights of creators with public interest and access.  artists.fi

Transfer and Licensing of Rights

Artists can transfer their economic rights through contracts, allowing others to use their works under agreed terms. It’s crucial that such agreements clearly define the scope and duration of the rights being transferred. Moral rights, however, are inalienable and remain with the artist.

In Finland, organizations like Kuvasto assist artists in managing their rights, ensuring proper licensing, and collecting remuneration on their behalf. Kuvasto represents visual artists and promotes the use of visual art under fair conditions.

Understanding these rights and limitations empowers artists to protect their creations while navigating the legal landscape of copyright.