Observe · Regulate · Protect — since 2007. 19th OIMAP General Assembly: Singapore, 10–12 June 2026. Programme
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24 October 2026 · Updated at 07:47 GMT FR EN ES Member area Log in
Regulation

Copyright and works of art

Economic rights and moral right of the artist, term of protection, exceptions, assignment contracts and reproduction of works in the art market.

Updated : October 28, 2026· 3 min read

The artist's rights, before and after the sale

Seal of Doge Michele Steno (reverse) (1400–1409)
Seal of Doge Michele Steno (reverse) (1400–1409)

Copyright protects works of the mind from their creation, without formalities. It gives the artist two sets of rights: economic rights, which allow them to control and profit from the exploitation of the work, and a moral right, attached to their person.

In the art market, it comes into play whenever a work is reproduced — catalogue, website, advertising, derivative product — or modified. It does not prevent the object from being resold, but frames what can be done with its image.

This page details the rights, their limits and good reflexes for operators.

  • Copyright
  • Moral right
  • Licence

Breakdown

Reproduction35%
Representation25%
Adaptation20%
Distribution20%

Most frequently requested economic rights (indicative).

Economic rights

The artist, or their rights holders, controls the reproduction of the work (copy, photograph, print), its representation (exhibition, screening, online broadcast), its adaptation (transformation, derivatives) and its distribution (making available to the public). Any exploitation requires their consent.

This consent is formalised in an assignment contract or a licence: it specifies the extent of the rights assigned, their duration, the territory, the remuneration and the media concerned. An imprecise contract is interpreted in the author's favour.

Fragment of a belt (hizam) (1800s)
Fragment of a belt (hizam) (1800s)
Construction of the John Stewart Store (c. 1856)
Construction of the John Stewart Store (c. 1856)
Study for "Bathers at Asnières", Georges Seurat (c. 1883–84)
Study for "Bathers at Asnières", Georges Seurat (c. 1883–84)

The moral right and the exceptions

The moral right includes the right to be recognised as author (authorship), the right to respect for the work (integrity), the right of disclosure and, in some laws, the right of withdrawal or repentance. It is attached to the person, perpetual and inalienable in most Member States.

Exceptions allow the work to be used without permission in limited cases: quotation, teaching, preservation by institutions, informing the public of current events, reproduction in sale catalogues intended to present the work. Their content varies from State to State.

The work in the digital environment

The digital world multiplies the opportunities to reproduce a work: social networks, image search engines, online catalogues. Each reproduction is subject to copyright, which poses practical difficulties. Collective management societies offer blanket licences, which simplify operators' procedures.

In 2024 OIMAP signed a framework agreement with several of these societies, allowing approved auction houses to reproduce the works in their catalogues under simplified conditions. Artists receive fair remuneration from them.

Economic rights and moral right

What is assigned, what remains
RightContentAssignable?
ReproductionCopy the work onto a mediumYes, by contract
RepresentationShow the work to the publicYes, by contract
AdaptationTransform the workYes, by contract
AuthorshipBe named as authorNo
IntegrityObject to infringementsNo

Landmarks

  1. Berne Convention

    International protection.

  2. WIPO treaties

    Digital copyright.

  3. OIMAP directives

    Reproduction in catalogues.

  4. Collective licence

    Agreement with management societies.

Photographing a work to sell it

Assignment or licence

Sweet Melancholy, Joseph-Marie Vien (1756)

Assignment

Definitive transfer of rights
  • Long duration
  • Remuneration often a flat fee
  • Loss of control

For major exploitation rights.

Self-Portrait with Five Muses, Henry Church (c. 1880)

Licence

Limited permission of use
  • Duration, territory, use defined
  • Control kept by the artist
  • Proportional remuneration

Recommended option.

Church at Auvers, Édouard Baldus (1855)
Church at Auvers, Édouard Baldus (1855)
Altarpiece with Relics - God the Father, Joseph Matthias Götz (1735–40)
Altarpiece with Relics - God the Father, Joseph Matthias Götz (1735–40)
Letter Box, Ogata Kōrin (1700s)
Letter Box, Ogata Kōrin (1700s)

Reproducing a protected work

  1. Check

    Is the work protected?

  2. Search

    Identify the rights holders.

  3. Ask

    Obtain a written licence.

  4. Mention

    Name the author.

  5. Respect

    Keep to the agreed use.

Points to write into a contract

An artist

Head of Proserpina, Gian Lorenzo Bernini (1650–1700)
« Copyright is not a barrier: it is a conversation. Someone asks me, I answer, we come to an agreement. »
Nadia Benali, visual artist

Frequently asked questions

Can I photograph a painting I have bought?

For your private use, yes; to distribute it, no, unless authorised.

Who holds the rights to a commissioned work?

The artist, unless expressly assigned.

What happens to the right after the artist's death?

It passes to the rights holders for the term of protection.

Whom should I contact for rights?

A collective management society or the rights holders.

Useful documents

Contacts

The Grotto of Posillipo, Hubert Robert (c. 1769)
The Grotto of Posillipo, Hubert Robert (c. 1769)
Legal Affairs DepartmentParis — Headquarters+33 1 00 00 02 00juridique@oimap.exampleMonday to Friday, 9 am – 5 pm

See the resale right

Street Advertising, John Thomson (1876–77)

The royalty on resales.

Resale right
Image credits (16)
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