Art Business Info. for Artists
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  • MARKETING
    • How to write an Artist's Statement >
      • What is an Artist Statement?
      • Why you need an Artist's Statement
      • TIPS How to write an artist statement
      • The Language of an Artist's Statement
      • What an artist statement should contain
      • Examples of Artists Statements
    • How to write an Artist's Resume or CV >
      • Social Media summaries
      • CV for Artists
      • Resume for Artists
      • Biography for Artists
    • How to sign a painting, drawing or fine art print
    • Business Cards for Artists
    • How to write a press release for an artist
    • The Private View Invitation
    • Publicity for Juried Exhibitions
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      • Why websites matter
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      • Keeping Google Happy
      • Writing for the Web
    • Image & Video sizes for Social Media Sites
    • How to be mobile-friendly
  • SELL ART
    • Trading Law & Regulations for Artists (UK)
    • E-commerce for artists
    • Art Exhibitions & Competitions >
      • Juried Exhibitions & Art Competitions
      • Juried Art Exhibition Checklist for Artists
      • How to cost a juried exhibition entry
      • How to make labels for an art exhibition
    • A Guide to Art Agents and Consultants
    • A Guide to Art Dealers & Galleries >
      • How to find the right gallery
    • The Artist-run Gallery
    • The Vanity Gallery
    • Art Fairs
    • Alternative Options for Exhibitions
    • How to Sell Art from Home
    • Open Studios
  • FRAME ART
    • List of Recommended Picture Framers
    • Conservation Products
    • Framing for open exhibitions and art competitions
    • Framing Videos
    • How to hang a picture
  • SHIP ART
    • How to pack artwork >
      • How to pack and ship pastel paintings
    • Packaging materials
    • How to ship art internationally >
      • Rules of Origin
      • Export Licences for Cultural Goods
    • How to ship art to exhibitions
    • How to mail art - Post & Parcel Services
    • UK & Ireland: Art Transport Services
    • USA Art Transport Services
  • COPYRIGHT
    • Copyright and artists' rights
    • BASICS: Copyright Infringement and Fair Use
    • How to protect artwork online
    • How to do a reverse image search
    • What to do about copyright infringement - for artists
    • Global Conventions on copyright >
      • Copyright in the UK
      • Copyright in the USA
      • Copyright in Canada
      • Copyright in Australia
  • MONEY & TAX
    • How to work out profit from an art sale
    • How to Price Your Art >
      • How important is price when buying art?
      • Options for Pricing Art
      • Terminology and Formulas for Pricing Art
      • Art Experts on Pricing Art
      • How artists price their art
      • The price of affordable art
    • Payments to Artists >
      • Paying Artists
      • How to create an Invoice
    • VAT for Artists
    • Tax Tips for Artists >
      • Tax on prize money
      • UK Tax Tips for Artists
      • UK: Self-Assessment Video Tips
      • USA Tax Tips for Artists
      • Ireland: Tax for Artists
      • Australia: Tax Tips for Artists
    • Insurance for Art and Artists >
      • Insurance for Art Teachers
      • UK Insurance Policies for art and artists
      • USA & Canada: Insurance Policies for Art and Artists
    • Artists' Grants & Scholarships
    • Retirement and Pensions for Artists
    • The Art Legacy >
      • Estate Planning for Artists
      • Estate Planning for Art Collectors
      • Famous Artists Estates
      • Artwork Inventory
      • After the Death of an Artist
      • Copyright and Resale Rights after Death
      • Art and Inheritance Tax
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Global Conventions
​on copyright and intellectual property

This page is about global conventions which work worldwide - amongst countries that have signed up to them.
  • The Berne Convention
  • The World Intellectual Property Organisation (WIPO)
  • Trademarks and Patents

The banner image is a photo of the WIPO HQ building in Geneva.
The sub-menu for this page has information about copyright in various English-speaking specific countries:
  • Copyright in the UK
  • Copyright in the USA
  • Copyright in Canada
  • Copyright in Australia

This page is generic to every occupation which involves copyright and intellectual property and is NOT just specific to artists.  However it's important to know some of the context for the law that artists rely on to protect their artwork.
  • Not every country has the same law on copyright. 
  • However some Global conventions are observed by all or most countries. 
  • You can find out which countries have ratified which legal agreement.

The History of Copyright Law

  • Primary Sources on Copyright (1450-1900) - This is a digital archive of primary sources on copyright from the invention of the printing press (c. 1450) to the Berne Convention (1886) and beyond. Source: Bently & Kretschmer (www.copyrighthistory.org).

Global Conventions on copyright and intellectual property
​

The Berne Convention
​

Picture
Signatories to the Berne Convention 2016
What is the Berne Convention?

The Berne Convention protects literary and artistic works - so long as these have been fixed in a material form.

It does this by creating a Union of Countries who will all apply the same rules to copyright.
The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works.
WIPO - Berne Convention
It requires countries which sign to:
  • recognise copyright as starting at the moment a original work is created rather than via registration
  • treat everybody the same i.e. the copyright of citizens of countries that are members of the Union is treated in the same way in every country
What are Literary and Artistic works?
It provides a set of rights that protect literary and artiistic works
The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as:
* books, pamphlets and other writings; 
* lectures, addresses, sermons and other works of the same nature; 
* dramatic or dramatico-musical works; 
* choreographic works and entertainments in dumb show; 
* musical compositions with or without words; 
* cinematographic works to which are assimilated works expressed by a process analogous to cinematography; 
* works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; 
* works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.
Definition of 'literary and artistic works' in the Berne Convention: Article 2(1)
REFERENCE

Below are links to websites which provide more information about how the Berne Convention protects literary and artistic works.
  • Berne Convention for the Protection of Literary and Artistic Works - Wikipedia
    Berne Convention for the Protection of Literary and Artistic Works 
  • Convention for the Protection of Literary and Artistic Works - Wikisource
    Document - Convention for the Protection of Literary and Artistic Works From Wikisource (Redirected from Berne Convention)

The World Intellectual Property Organisation (WIPO)
​

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Picture
The Headquarters of the World Intellectual Property Organisation (WIPO) in Geneva, Switzerland
The primary purpose  of the The World Intellectual Property Organization (WIPO) is to be the global forum for intellectual property services, policy, information and cooperation. 

It is one of the 17 specialised agencies set up by the United Nations in 1967. Its mandate is to 
  • "to encourage creative activity, to promote the protection of intellectual property throughout the world."
  • ​to promote an understanding about the value of Intellectual Property and how to protect it everywhere in the world. 
The mandate, governing bodies and procedures are set out in the WIPO Convention

​It is a self-funding agency of the United Nations, with 188 member states. 
to lead the development of a balanced and effective international intellectual property (IP) system that enables innovation and creativity for the benefit of all. 
REFERENCE
  • What is intellectual property? pdf document 
  • Core Tasks of WIPO - WIPO is responsible for* Developing international IP laws and standards* Delivering global IP protection services* Encouraging the use of IP for economic development* Promoting better understanding of IP* Providing a forum for debate
  • Treaties and Contracting Parties: WIPO Copyright Treaty (WCT)
    Full text of the WIPO Copyright Treaty (WCT)The WIPO Copyright Treaty (WCT), deals with protection for authors of literary and artistic works
  • WIPO Guide on Managing Intellectual Property For Museums
    Museums, and the broader cultural heritage community, now have access to a new guide to help them use the intellectual property (IP) system to improve the management of their collections in the digital environment. 
  • WIPO - Copyright and Related Rights - Copyright and related rights are legal concepts and instruments which, while respecting and protecting the rights of creators in their works, should also contribute to the cultural and economic development of nations.
  • WIPO - Copyright : Information Resources - Working documents, studies and publications prepared/commissioned by WIPO on topics related to copyright.
  • WIPO - Geographical Indications Gateway - Geographical Indications GatewayA geographical indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that origin.
  • Law & disorder: ACTA is part of a multi-decade, worldwide copyright campaign
    The Anti-Counterfeiting Trade Agreement is one part of a broad, decades-long US agenda to foist restrictive copyright laws on the rest of the world. A legal scholar tells Ars that Hollywood is "playing for 10 years and 20 years in the future."
  • World Intellectual Property Organization - Wikipedia, the free encyclopedia
    The World Intellectual Property Organization (WIPO) [1] is one of the 16 specialized agencies of the United Nations.


Trademarks and Patents
​

Patents, trade marks and design rights are valuable intellectual property (IP) rights and a vital foundation of economic growth.
Trademarks and Patents are a very specialised area of Intellectual Property law. In general they're not relevant to Fine Artists but can be very relevant to designers and those who are using art on commercial products.

Trademarks are in effect like a quality standard. They were developed to protect consumers from being sold cheap copies and to prevent other companies from copying successful brands. A Trademark also offers protection in relation to the context in which it can be used.

Trademarks are an especially important part of brand management and consequently infringements tend to have a monetary value.  Trademarks can apply to any number of ways in which a brand is visually presented eg a logo, use of a name, use of an image, use of lettering specific to a brand when combined with other trademarked aspects.

Artists are also well advised to be very wary of incorporating corporate products which are trademarked into artwork without seeking legal advice or permission to do so.  Artists have been taken to court over infringements of trademarks.

Trademarks known to be especially litigious are: Microsoft, Disney, Coca Cola, Chanel, Nike, Harley Davidson.
GENERIC REFERENCE
  • PATENTSCOPE®
    WIPO's Gateway to Patent Services and Activities- Access to the World of Technology PATENTSCOPE Search Service- Notable PCT Inventions- PCT Trends & Performance Indicators
  • Trademarks Gateway
    Trademarks GatewayTrademarks are distinctive signs, used to differentiate between identical or similar goods and services offered by different producers or services providers.
  • Industrial Designs Gateway
    Industrial Designs GatewayIndustrial designs, also referred to simply as designs,concern the ornamental or aesthetic aspects of products. Industrial Designs are a type of industrial property, protected by intellectual property rights

Note: I'm not a lawyer and you should not rely on any assertions I make as legal advice. I'm just an ordinary artist and writer who is trying to make sense of copyright in relation to visual art - and what artists can do if their copyright is infringed and/or others act in such a way as to create orphan works from their copyright protected artwork. These pages organises links to what seem to me to be relevant websites. If you need the help of a lawyer you should engage a professional.

NEXT: Copyright in - The UK, the USA, Canada, Australasia
GO TO HOME

​GO TO COPYRIGHT - Introduction
  • Copyright and artists' rights
  • Copyright infringement and fair use - for artists 
  • How to protect artwork online
  • How to do a reverse image search 
  • What to do about copyright infringement - for artists 
  • Global Conventions on Copyright
  • Copyright in the UK
  • Copyright in the USA
  • Copyright in Australia
ABOUT ART BUSINESS INFO. FOR ARTISTS
This website aims to provide a compendium of resources about the art business for artists. Please read "PLEASE NOTE"

It helps artists learn how to do better at being business-like, marketing and selling their art and looking after their financial security.
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PLEASE NOTE:
1) Content and the law change all the time. It's impossible to keep up with it if you're not working on the topic full time. 
​2) I research topics carefully. However, I am totally unable to warrant that 
ANY and/or ALL information is 
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​3) Hence all information I provide comes without any LIABILITY whatsoever to you for any choices you make. 
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  • Home
    • Art Business Information Index
  • NEWS
  • PRACTICE
    • Starting Out - Tips
    • Being a Professional artist >
      • Working Lives of Professional Artists
      • Artists' Side Hustles
      • Artists' Residencies
      • Artists Unions
    • Best Art Business Books
    • Learning Opportunities >
      • Art Schools in the UK
      • Art Business Courses
    • Image Management for Artists >
      • How to photograph art
      • How To Scan Artwork
      • How to back up image files
    • Law for Artists >
      • Legal Matters
      • Data Protection for Art and Artists
      • Brexit Guidance for Art and Artists
    • Business Management for Artists >
      • Risk Management for Artists
      • How to spot Art Scams / Fraud
      • Life in an Art Market Recession
      • Coronavirus COVID-19 and Art
  • MARKETING
    • How to write an Artist's Statement >
      • What is an Artist Statement?
      • Why you need an Artist's Statement
      • TIPS How to write an artist statement
      • The Language of an Artist's Statement
      • What an artist statement should contain
      • Examples of Artists Statements
    • How to write an Artist's Resume or CV >
      • Social Media summaries
      • CV for Artists
      • Resume for Artists
      • Biography for Artists
    • How to sign a painting, drawing or fine art print
    • Business Cards for Artists
    • How to write a press release for an artist
    • The Private View Invitation
    • Publicity for Juried Exhibitions
    • Websites for Artists >
      • Why websites matter
      • Options for Websites
      • Web content for Artists
      • Web design for artists
      • Keeping Google Happy
      • Writing for the Web
    • Image & Video sizes for Social Media Sites
    • How to be mobile-friendly
  • SELL ART
    • Trading Law & Regulations for Artists (UK)
    • E-commerce for artists
    • Art Exhibitions & Competitions >
      • Juried Exhibitions & Art Competitions
      • Juried Art Exhibition Checklist for Artists
      • How to cost a juried exhibition entry
      • How to make labels for an art exhibition
    • A Guide to Art Agents and Consultants
    • A Guide to Art Dealers & Galleries >
      • How to find the right gallery
    • The Artist-run Gallery
    • The Vanity Gallery
    • Art Fairs
    • Alternative Options for Exhibitions
    • How to Sell Art from Home
    • Open Studios
  • FRAME ART
    • List of Recommended Picture Framers
    • Conservation Products
    • Framing for open exhibitions and art competitions
    • Framing Videos
    • How to hang a picture
  • SHIP ART
    • How to pack artwork >
      • How to pack and ship pastel paintings
    • Packaging materials
    • How to ship art internationally >
      • Rules of Origin
      • Export Licences for Cultural Goods
    • How to ship art to exhibitions
    • How to mail art - Post & Parcel Services
    • UK & Ireland: Art Transport Services
    • USA Art Transport Services
  • COPYRIGHT
    • Copyright and artists' rights
    • BASICS: Copyright Infringement and Fair Use
    • How to protect artwork online
    • How to do a reverse image search
    • What to do about copyright infringement - for artists
    • Global Conventions on copyright >
      • Copyright in the UK
      • Copyright in the USA
      • Copyright in Canada
      • Copyright in Australia
  • MONEY & TAX
    • How to work out profit from an art sale
    • How to Price Your Art >
      • How important is price when buying art?
      • Options for Pricing Art
      • Terminology and Formulas for Pricing Art
      • Art Experts on Pricing Art
      • How artists price their art
      • The price of affordable art
    • Payments to Artists >
      • Paying Artists
      • How to create an Invoice
    • VAT for Artists
    • Tax Tips for Artists >
      • Tax on prize money
      • UK Tax Tips for Artists
      • UK: Self-Assessment Video Tips
      • USA Tax Tips for Artists
      • Ireland: Tax for Artists
      • Australia: Tax Tips for Artists
    • Insurance for Art and Artists >
      • Insurance for Art Teachers
      • UK Insurance Policies for art and artists
      • USA & Canada: Insurance Policies for Art and Artists
    • Artists' Grants & Scholarships
    • Retirement and Pensions for Artists
    • The Art Legacy >
      • Estate Planning for Artists
      • Estate Planning for Art Collectors
      • Famous Artists Estates
      • Artwork Inventory
      • After the Death of an Artist
      • Copyright and Resale Rights after Death
      • Art and Inheritance Tax
  • About + Help
    • Would you like me to help?
    • Privacy & Cookies Policy
    • Contact