Are you an artist who wishes to sell or license your work? In that case, you will need to know your legal rights as a professional artist. A working knowledge of art law will help you avoid being taken advantage of or making mistakes that hurt you financially. Here is a look at some important aspects of art law.

Copyright

A copyright gives you legal ownership of your artwork. A crucial point to remember is that you do not need to register with the copyright office to have legal protections for your work. The copyright protections are automatic as soon as your work is completed. Even so, it could be a good idea to register your artwork with the copyright office in some cases. 

For example, if you register your copyright within a certain time before someone infringes on your copyright, you can be eligible for statutory damages if you win a civil suit. Statutory damages are a fixed amount of compensation for winners in a lawsuit. This would mean you do not have to prove the monetary value of your artwork in court. 

License

Perhaps you do not want to sell your artwork outright. Another option is licensing your art. You allow others to reproduce and sell images that you create. You receive royalties on the sales from those who have obtained the license. With licensing, you are able to profit from your art, while retaining all of your copyright privileges.

Consignment

If you wish to sell your artwork on consignment, you have to consider the legal implications if your work is damaged while being held by the consignor or if the consignor goes bankrupt. Under a standard known as the Uniform Commercial Code (UCC), you must be compensated for your work if the consignor's actions or negligence led to your work being damaged. If your work is damaged or destroyed in a fire or flood, however, the gallery might or might not have to compensate you depending on how that state's statutes interpret the UCC.

If a consignor goes bankrupt, it's possible that their creditors would take possession of your artwork in some cases. You do have certain ways, however, to avoid this unfortunate possibility. For instance, you could file a specific legal form, known as the UCC-1 form, in the county where the consignor operates. Also, if the state statutes permit, the consignor could post a public sign saying that the artwork is consigned. A third option is to prove in court that the creditors knew the store or gallery sold consigned art or goods.

To learn more about this topic, contact an art lawyer.