A significant portion of income for artists across various disciplines comes from copyright remuneration for the use of their works. However, for visual artists, this source of income is less substantial compared to other art forms. Except for works in audiovisual media and photography, users of visual art typically do not pay for usage rights as is common in literature and music.
Therefore, copyright remuneration in the visual arts field differs from that in other artistic sectors. In addition to fees related to image usage, visual artists are entitled to receive exhibition and resale remuneration.
Remuneration Related to the Use of Visual Art
The fundamental principle is that using a work requires permission from the creator or other copyright holders. This applies to visual art, for instance, when someone wishes to publish a photograph of a work online. Similarly, an artist needs permission to incorporate another artist’s work into their own creation.
A license is always necessary, except in cases where the use falls under specific copyright limitations. For images, the license is granted by the artist or by Kuvasto on behalf of the artists it represents.
Exhibition Remuneration
Public display of a work allows the public to access it. Artists are entitled to ‘exhibition remuneration’ for the public display of a work or its copy that they own.
This remuneration is paid to the artist or to Kuvasto on behalf of the artists it represents.
Audiovisual works are also presented at exhibitions. However, these are considered public performances rather than public displays. The Artists’ Association of Finland provides separate guidelines on audiovisual and other combined works.
Resale Remuneration
Visual artists have limited opportunities to benefit from the increased value of their works compared to other art forms. Therefore, in addition to other copyright fees, visual artists are entitled to special remuneration when their work is resold.
This resale remuneration is required when a professional art market participant sells a visual art piece. It does not apply to the first sale of a work (i.e., when the creator still owns it).
The responsibility for paying resale remuneration lies with the professional involved in the sale: the seller, broker, or buyer. Transactions between private individuals are exempt from this requirement.
Resale remuneration applies to all forms of visual art, including original works and limited editions produced by or authorized by the artist. This encompasses paintings, sculptures, drawings, glass and ceramic art, graphic art, photography, crafts, textile art, industrial art products, installations, and video art.
The right to resale remuneration is valid as long as the work is under copyright protection, which in Finland extends to 70 years after the creator’s death.
Kuvasto manages the collection and distribution of resale remuneration. Unlike other copyright fees, Kuvasto ensures that resale remuneration is paid to both member and non-member artists, including foreign artists whose works are sold in Finland.
For more information on resale remuneration, visit Kuvasto’s official website.