Our law on copyright is PRIMARILY found in the Copyright Act 1994 (already long-outdated in this whole new world of social media and self-publication). Each ‘original work’ carries with it a bundle of rights. Some of that bundle 'legal' rights, and some 'moral' rights. Legal rights move with the copyright owner (because copyright can be sold or assigned to another owner), but moral rights always remain with the artist (to be enforced or waived at the artist's discretion).
*Please note that while we have taken care to review this publicly available information, none of it is provided as legal advice, and we cannot guarantee its accuracy or applicability to your situation. Please check back from time to time for updates.
As the owner of a copyright work, your legal rights include the exclusive right to:
Copy and issue copies of the work to the public (by sale or otherwise);
Communicate the work to the public;
Make an adaptation of the work;
Authorise another person to do any of the above.
As the author of a copyright work, your moral rights include the rights to:
Be identified as the author of the work;
Not be falsely identified as the author of any altered or copied version of the original work;
Object to derogatory treatment of the work.
What is an 'original' work?
The threshold for originality is low. It does not necessarily require any artistic merit or significant amount of time spent. But a work cannot be original if it is a copy of another work, or infringes copyright in another work.
Commissioned works:
Usually, you as the author of an original work will own the copyright. But, when someone pays you to create an original work (either as your employer or commissioner), that person will own the copyright. You still retain the moral rights, but all legal rights pass over to the new copyright owner. You should be careful when creating an original work for someone else, even if they're only paying for your materials.
Joint authorship:
If you have collaborated on an original work with another artist, it may be a work of joint authorship. Each of you will have the same rights.
Do I need a contract?
Not for most things, but it's almost always better if you do. Contracts don't need to be written in legal language - they just need to be clear and easy for everyone to understand. There are lots of things that make sense to record in writing: ownership of the work, ownership of the wall, assertion or waiver of moral rights, timing of completion, payment for time and materials, when a work might be removed or covered up, whether touch ups might be required and who will complete them, and so on.
Contract prevails:
Many of the assumptions set out here can be varied in writing and by agreement. For example, you might agree with the commissioner of an original work that you (as the author) will own all copyright, even though they're paying for the work. Similarly, you might agree with a co-author that one of you will own all copyright in the work. It's worth setting these agreements out in writing.
Contract checklist for Murals:
Who owns the wall and access to it?
What is the scope of the work?
Who is providing materials and equipment?
How much are you being paid, how, when? Do you have a flat rate and/or an hourly rate?
How are subcontractors being handled?
Who owns the copyright in the work?
Do you retain your moral rights?
Who carries insurances and indemnities or warranties (if required). For example, what if it rains, takes longer than expected, results in injury, can't be completed, doesn't match expectations, and so on?
How long will the work remain untouched? What happens when touch ups are required? What about alteration (including defacing) of the work, or complete replacement?
Sale, assignment and licences:
In order to assign copyright ownership, there must be a written assignment signed by the current owner or owners. Preferably, this will be prepared as a legal deed. Moral rights cannot be assigned, and therefore remain with the original author (unless waived).
It is also possible to grant someone a licence to do certain things with your work. For example, you can allow someone the right to copy your work. This should be carefully thought through and recorded in writing.
Sculptures and buildings:
Our law has a specific exception for copyright in buildings and sculptures that are permanently situated in a public place. Taking photographs or visual images of these works is allowed. However, this exception specifically only relates to copyright in the buildings or sculptures themselves, and not any artistic works such as street art. This may need to be an area for discussion and specific clarification in future legislation.