Home Forums The Art Business Center General Art Business Can you make and sell prints of your artwork if you have already sold the original?

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  • #990644
    betsy23
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        Hello –

        I am about to offer my paintings up for sale for the first time. I have three questions regarding this:

        1) If I sign, date and make the copyright symbol on my work – does that copyright the material? Or do I need to register it somewhere?

        2) If I sell the original, can I sell make and sell prints of the painting? And – since I have already made prints and given them as gifts to friends and family – will there be issues with that?

        3) I have read that if I sell with a “certificate of authenticity” which says that I still have the copyright, then I can still make prints. Do I also have to put in that document that I plan to make prints in the future?

        Thanks!

        #1182207
        Greg Long
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            Original works are automatically copyright of the artist under the Berne convention. You do not need a copyright symbol. If you visit the legal corner there are many threads on copyright and this has been discussed recently here.

            2. Yes you can legally, but IMO you should inform the buyer thast you may/will use the image for reproductions.

            3. No, not legally, but as in 2, morally I would inform purchasers of the original.

            #1182214
            wdaniels
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                You will always own the copywrights on your work unless you specifically sign them over to another person. Andrew Wyeth never put the copywright symbol on his work and I doubt he, or any other artist registered every thing that he did. but he still owned the copywrights and sold prints. When someone buys an artwork, they do not buy the copywright unless that is legally specified.

                #1182216
                betsy23
                Default

                    Thank you for the quick response and the help! I am new to all this. Appreciate any guidance!

                    #1182208
                    Katherine T
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                        One simple way round this is, on a routine basis, to put a label on the back of all original paintings sold which indicates that you are the artist and that the copyright remains with you and all rights are reserved to you.

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                        #1182210
                        shαdoω
                        Default

                            Copyright is automatic and you don’t have to state it anywhere unless you want to. Most governments have a place where you can register a copyright, but it will cost you money and is unnecessary.
                            When you sell the original you are not selling the copyright. It belongs to you for the rest of your life plus 70yrs or so, so your children will inherit the copyright. You can do anything you like with your own image, reproduce it as many times as you like, anywhere you like.

                            #1182209
                            RCharleston
                            Default

                                Relevant to #s 2 and 3, I’ve encountered two differing approaches regarding the sale of reproductions of work previously sold as originals — (1) Inform the buyers of originals before you sell repros of the work they bought, or (2) Don’t worry about it….You own the rights to your image and, in these days of the ubiquitous online print-on-demand, it’s pretty much expected that you’re going to offer reproductions for sale. Neither stance is wrong…..apples vs. oranges. Years ago, I had a buyer of an original express that she wouldn’t want to see a bin full of prints somewhere of the work she was about to buy and I agreed not to offer repros of the work. I never was really comfortable with that spur-of-the-moment decision though and vowed not to repeat it. Someone else mentioned putting “all rights reserved” info on the back of work which sounds like good strategy. Personally, I consider every original I produce a master copy for an unlimited run of reproductions/altered reproductions. I usually offer repros only in significantly smaller sizes than my originals, most of which are quite large.

                                #1182215
                                Avena Cash
                                Default

                                    Yes you can.

                                    You should make sure your buyers know that they do not own rights to reproduce your work when they make the purchase. The rights remain your own but buyers may not know that so you can guard against their ignorance with some sort of written communication. You can sell work and include that permission (for the buyer to reproduce) but it is not the norm. Even if you sold them the rights to reproduce you would still have the right to do so yourself unless you sold them exclusive rights to reproduce meaning they would be the only one allowed to so, anywhere. This tends to be applicable with authors. they can’t sell the rights to publish their work to a big company and then also self-publish the same novel and sell it themselves as well.

                                    I think placing a copyright symbol on your work would appear amateur in most circumstances especially anywhere on the actual piece, although if on documentation it might be okay. But remember that you are only informing them, your rights already exist.

                                    :music:

                                    #1182212
                                    Freesail
                                    Default

                                        Copyright is automatic and you don’t have to state it anywhere unless you want to.

                                        This is true, but it would still fall on the artist to hire a lawyer to defend their copyright. Many artist don’t have 1000’s of dollars laying around to do that so for some if they own the copyright or not may end up being a moot point.

                                        Solvent = Leaner Oil = Fatter Drawing is the basis of art. A bad painter cannot draw. But one who draws well can always paint. (Arshile Gorky)
                                        #1182211
                                        shαdoω
                                        Default

                                            This is true, but it would still fall on the artist to hire a lawyer to defend their copyright. Many artist don’t have 1000’s of dollars laying around to do that so for some if they own the copyright or not may end up being a moot point.

                                            The question is asking whether the painter can reproduce their own work (yes) not whether the buyer can reproduce the work (no). That is a whole other topic.

                                            Btw, while we’re going off topic. Solvent does not make paint leaner, it makes it thinner. To make paint leaner you would have to, either, remove oil or add dry pigment.

                                            #1182213
                                            Freesail
                                            Default

                                                Btw, while we’re going off topic. Solvent does not make paint leaner, it makes it thinner. To make paint leaner you would have to, either, remove oil or add dry pigment.

                                                Please stop by the oil painting forum and say that :)

                                                Solvent = Leaner Oil = Fatter Drawing is the basis of art. A bad painter cannot draw. But one who draws well can always paint. (Arshile Gorky)
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