Commissioning is the lifeblood of the art world, and has been since the very earliest patrons paid artists to create statues, religious iconography or portraits of their family.
Under current copyright law, the artist generally owns the copyright in work commissioned by a third party, unless they have signed an agreement to the contrary. A number of copyright laws pertaining to works commissioned by a third party have come into force over the years, however, and this means there are variations depending on when a work was commissioned.
This factsheet covers the following:
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Until 1989 copyright in commissioned works often remained with the commissioner
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The Copyright, Designs and Patent Act of 1988 effectively gave more rights to the artist
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A commissioner might have an implied licence to use the work
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How the 1995 Regulations affect the duration of copyright in some commissioned works
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How the copyright for artworks created in the course of employment often remains with the employer
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How specific regulations relating to an artwork depend on its date of commission
For information on the specific regulations relating to an artwork, select the date it was commissioned from the following:
On or after 1 August 1989
On or after 1 June 1957 until 31 July 1989
On or after 1 July 1912 until 31 May 1957
Prior to 1 July 1912
The Copyright, Designs and Patents Act 1988 came into force on 1 August 1989. The act does not make specific provisions for commissioned works, which means that copyright remains with the artist who created the work, unless a written agreement assigns copyright to someone else.
There are some exceptions to this rule. A commissioner might have an implied licence to use the work for instance (at least for the purposes of the commission), and if the artist creates a work during the course of employment, the copyright stays with the employer.
The 1956 Copyright Act states that copyright remains with the commissioner when a photograph, the painting or drawing of a portrait or the making of an engraving is commissioned. By “commissioning”, it means the payment or agreement to pay for a work with money or something of equivalent value.
The Act does not define what a portrait is, but it is generally held to be a picture in which a person is the main subject. The fact that real persons are depicted does not necessarily make the work a portrait, however.
The Act defines an engraving as any etching, lithograph, woodcut, print or similar.
Where the artist created a work during the course of employment, the copyright stays with the employer. That’s also true of works created while the artist was employed by the proprietor of a newspaper, magazine or periodical, but only for the purpose of publication in said newspaper, magazine or periodical. For other uses of such works, copyright remains with the artist.
The 1911 Copyright Act contained similar provisions to those in the 1956 Copyright Act (described above). In the case of an engraving, photograph or portrait where the work was ordered by a third party and paid for with money or its equivalent, copyright remains with the person placing the order, unless there is agreement to the contrary.
The 1862 Fine Arts Copyright Act stated that where a painting, drawing or photograph was created for or on behalf of another person for good and valuable consideration the copyright vests in the commissioner.
Note: The copyright period in a work is not affected by the fact that the copyright is vested in a commissioner rather than the artist.
Disclaimer: This factsheet is offered as a general guide to the issues surrounding copyright in this area. It does not represent an exhaustive account. It is not intended to offer legal advice and should not be relied upon as such. We strongly recommend you seek specialist advice for any specific circumstances.