What are the restrictions on ownership of original works of art works
The creation of art works is transient and irreversible , the author's inspiration and personality are condensed on the drawing through the author's brushstrokes at that time and place, thus completing the creation of the art work and forming the original carrier of the art work - the original art work. Therefore, the work of art is inseparable from the original work of art. At the same time, the original work of art is absolutely specific because it carries all the visual information of the work. It cannot be replaced by any copy or even other re-creations of the same theme.
The copyright of artistic works mainly includes the following moral rights and property Rights: right of authorship; right to protect the integrity of the work; right to copy; right to broadcast; right to film. In addition, the Convention also stipulates that each member state may choose to provide for "resale rights." With the right of resale, the author has a non-transferable right to share in the proceeds from any resale of the original work of art after the initial transfer. According to the principles of property law, the ownership of original works of art is the right of the owner to fully control the original works of art within the scope of legal restrictions and to exclude the interference of others.
Original acquisition of ownership of original works of art is generally based on production. The author completed the creation of the artwork at the same timeFor the production of original works of art, usually the author is both the copyright holder of the work of art and the owner of the original work of art. However, due to the existence of the art market, the copyright owners of art works are often separated from the owners of the original art works. This separation can be original or later. Primitive separation mainly arises from the ordering of original works of art. Since the original works of art are ordered, a contract relationship has arisen between the orderer and the author. According to the legal characteristics of the contract, the subject of the contract is the work of the contractor. The ownership of the results belongs to the author.
The copyright holder of the art work and the owner of the original art work The subsequent dissociation was mainly due to the transfer of ownership of the original works of art. When the copyright of an art work and the ownership of the original art work belong to the same subject, the conflict between the two rights is not externalized and there is no need to seek legal regulation. Once the copyright holder of an art work and the owner of the original art work diverge, conflicts between the two will emerge. On the one hand, the copyright of works of art and the ownership of original works of art are absolute rights and property rights. On the other hand, works of art and original works of art cannot be separated. Therefore, the separate exercise of the two rights will definitely inhibit each other. This disharmony must rely on good laws to clear it up. It goes without saying that in the field of copyright, the unavoidable issue is the interests enjoyed by the author in the original work of art or the restrictions on the property rights of the original work of art by the copyright of the art work.
If you need legal help, readers are welcome to The Legal Savior Network provides legal consultation. The professional legal team of the Legal Savior Network will answer your questions in a timely manner so that you can safeguard your rights and interests in a timely manner.
