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Got a Copyright Problem? Ask Helen... 
Q. I want to make sure that I get the recognition I deserve, so how can I ensure that I am always credited as the creator of my artwork?A. You are entitled to be credited provided that you have created an original piece of artwork in which copyright subsists. This is because current copyright legislation grants creators a bundle of rights known as 'moral rights' which exist alongside your copyright. The moral right which enables you to be identified as the creator of your artwork is known as the paternity right. To gain the benefit of the paternity right it must be 'asserted'. One of the ways in which to ensure this is to include the following statement in a written contract which you sign: "The Artist hereby asserts his/her moral right to be identified as the author of [name of work] in accordance with section 78 of the Copyright Designs and Patents Act 1988." Anyone to whose notice the assertion is brought will have to identify you as the creator. Artists are frequently asked to sign agreements 'waiving' their moral rights. To gain the benefit of the paternity right you must not agree to any such term as you will effectively give up your moral right to be identified as the creator. If you would like to know more you can download a wide range of copyright fact sheets at www.dacs.org.uk (follow the Copyright link). Helen Dutta, DACS' Copyright Adviser, runs an advice service for Copyright Licensing members. Opening Times: Monday: 10am - 1pm Tuesday: 10am - 1pm Wednesday: 2pm - 5pm T. 0845 555 1199  back
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