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Got a Copyright Problem? Ask Helen... 
Q. My latest art work references works by other artists by incorporating small sections of other paintings and photographs. How do I ensure that I don’t infringe copyright?A. Firstly, you need to establish whether the painting or photograph that you intend to copy benefits from copyright protection. Under UK law, copyright currently lasts for the lifetime of the creator plus 70 years after their death. If this period has expired the artwork will be in the public domain. However, if the work is protected by copyright and you copy the whole or a substantial part of it, this may amount to an infringement (irrespective of whether the copying takes place in the same artistic medium). Even though you intend to copy a small portion of the work this could still be considered 'substantial' when judged in qualitative terms. For instance, an infringement may occur if you reproduce a clearly identifiable and distinctive portion of the original work. So if you intend to exhibit, publish or sell the artwork at a later date you could infringe copyright. There are a number of exceptions to copyright infringement, which includes copying another's artwork for the non-commercial purpose of research and private study. One way of ensuring that you do not infringe copyright in such circumstances is to obtain a licence from the copyright holder granting you permission to copy the work. You can find out more on this subject by downloading our copyright factsheets at www.dacs.org.uk Helen Dutta, DACS' Copyright Adviser, runs an advice service for Artist's Resale Right and Copyright Licensing members. Opening Times: Monday: 10am - 1pm Tuesday: 10am - 1pm Wednesday: 2pm - 5pm T. 0845 555 1199  back
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