Intellectual Property Protection for Artists
Expert-defined terms from the Professional Certificate in Art Law course at UK School of Management. Free to read, free to share, paired with a globally recognised certification pathway.
**Artist's Resale Right (ARR)** #
**Artist's Resale Right (ARR)**
The Artist's Resale Right is an intellectual property right that allows artists… #
This right is designed to ensure that artists benefit financially from the appreciation in the value of their work. The ARR applies in the European Union, the United Kingdom, and a few other countries. The related term is "droit de suite," which is the French term for the Artist's Resale Right.
**Copyright** #
**Copyright**
Copyright is a legal right that grants creators of original works exclusive righ… #
Copyright applies to various forms of creative expression, including visual arts, literature, music, film, and software. Copyright protection arises automatically when a work is created and fixed in a tangible form. Infringement occurs when someone uses a copyrighted work without permission from the copyright owner.
**Creative Commons** #
**Creative Commons**
Creative Commons is a non #
profit organization that provides free, standardized licenses for creators to share their copyrighted works while retaining some rights. Creative Commons licenses enable authors to permit others to use their works for specific purposes, such as non-commercial use, attribution, or derivative works, under certain conditions. These licenses promote the sharing and reuse of creative works while still protecting the rights of creators.
**Design Patent** #
**Design Patent**
A design patent is a type of intellectual property protection that covers the vi… #
Design patents protect the way an article looks, but not its structural or functional features. Design patents have a term of 15 years from the date of grant in the United States. Related terms include "industrial design rights" and "design registration," which provide similar protection in other countries.
**Fair Use** #
**Fair Use**
Fair use is a legal doctrine in the United States that permits the limited use o… #
Fair use is a defense to copyright infringement and allows for the use of copyrighted works for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Four factors are considered when determining whether a use is fair: The purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work.
**Freedom of Panorama** #
**Freedom of Panorama**
Freedom of Panorama is a legal provision that allows individuals to take and sha… #
This right varies by country, with some countries providing unlimited freedom of panorama, while others restrict it to non-commercial use only.
**Moral Rights** #
**Moral Rights**
Moral rights are a category of intellectual property rights that protect the per… #
Moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. Moral rights are recognized in many countries, including the European Union, but are not explicitly protected under U.S. Copyright law.
**Open Source** #
**Open Source**
Open source refers to a model for developing and distributing software that prom… #
Open source software licenses allow users to freely use, modify, and distribute the software, subject to certain conditions. The Open Source Initiative (OSI) maintains a list of approved open source licenses that comply with its Open Source Definition.
**Patent** #
**Patent**
A patent is a legal right that grants inventors exclusive rights to their invent… #
Patents can cover a wide range of inventions, including processes, machines, manufactures, and compositions of matter. To be eligible for a patent, an invention must be novel, non-obvious, and useful. Patent protection is granted by national or regional patent offices.
**Trademark** #
**Trademark**
A trademark is a symbol, word, phrase, or design that distinguishes the goods or… #
Trademarks can be registered with a national or regional trademark office to secure exclusive rights to use the mark in connection with specific goods or services. Trademark protection can last indefinitely, as long as the mark remains in use and is properly renewed.
**Trade Dress** #
**Trade Dress**
Trade dress is a form of trademark protection that covers the overall appearance… #
Trade dress protection can extend to colors, shapes, and product configurations. To be protected, trade dress must be non-functional and have acquired secondary meaning, indicating that consumers associate the trade dress with a particular source.
**Trade Secret** #
**Trade Secret**
A trade secret is confidential information that provides a competitive advantage… #
Trade secrets can include formulas, recipes, methods, processes, or any other information that is not generally known or easily accessible. Businesses can protect their trade secrets by taking reasonable measures to maintain their confidentiality, such as using non-disclosure agreements and limiting access to the information. Trade secret protection can last indefinitely, as long as the information remains secret.
**Useful Articles** #
**Useful Articles**
A useful article is a functional item that serves a utilitarian purpose, as oppo… #
Copyright law generally does not protect the functional aspects of useful articles but may protect the artistic or ornamental features that can be separated from the functional aspects. Design patents and industrial design rights can provide protection for the visual appearance of useful articles.