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Visual Arts Copyright and Digital Documentation

This guide helps visual artists learn about understanding copyright anddigital documentation. It was created for 2-workshops that took place during March 2025.

What is a License?

Licensing Your Work

Copyright owners can license their work in different ways

A copyright license is legal permission that you grant to another party to use your work in specific ways. You maintain ownership while allowing others limited use rights.

Key Aspects of a License

  • Permission Not Transfer: You retain ownership while allowing specific uses
  • Customizable: You determine which rights to grant, duration, territory, and conditions
  • Contractual: Creates a legal relationship between you (licensor) and the user (licensee)
  • Monetization Tool: Earn income without giving up control
  • Revocable: Most licenses can be terminated under certain conditions
  • Protected: Use beyond the scope of the license remains infringement

Copyright owners can license their work in different ways

Exclusive Licenses Non-Exclusive Licenses
Grants rights to only one licensee for a specified purpose/territory Allows multiple parties (including yourself) to use the work simultaneously
Only the licensee can use the work in the specified way You can grant the same rights to multiple licensees
Must be in writing and signed by the copyright owner Can be oral or implied (though written is strongly recommended)
Typically commands higher fees due to exclusivity Generally lower fees than exclusive licenses
Often includes specific time limits Can be perpetual or time-limited

Creative Commons Licenses

Creative Commons Kiwi from Mohawk Media on Vimeo.

One of the rights reserved for creators is the right to distribute copies to the public by sale or other transfer of ownership, including licensing. Creative Commons licenses allow the creator to reserve some rights, while encouraging participation in the cultural dialog by applying a minimal license that allows copying and redistribution of their work. There are 4 restrictions that a Creative Commons license can require:

  • Attribution: You must acknowledge the creator of the work with appropriate credit
  • Share Alike: If applied, you can remix, transform, or build upon the work for any purpose, but must share your new work using the same license
  • No Derivatives: If applied, you can copy and redistribute the work in any format, but not change it in any way
  • Non-commercial: If applied, you may not use the work for commercial purposes

The Creative Commons website explains the licenses and what they allow. A creator can also apply a CC0 or Public Domain Mark provided by Creative Commons to signal that they are not reserving any rights to their work, or that there are no known restrictions to the reuse of the work.

Creative Commons Choose a License Tool

Choose a Creative Commons License Tool

Creative Commons logo

  • Share your creative works so for people to access it publicly
  • Communicates to people how they can or cannot use your creative works
  • Supports retaining your copyrights
  • Requires content users to give you credit and attribution whenever they use your creative works

What is a Work for Hire?

A "work made for hire" is where the employer or commissioning party is considered the legal author and copyright owner, not the individual creator.

This occurs in two ways:

  1. Employee-Created Work: Created by an employee within the scope of employment (e.g., in-house graphic designer, staff photographer)
  2. Independent Contractor + Special Conditions:
    • Must have a written agreement stating it's work for hire
    • Must fall into specific categories (e.g., contribution to collective work, part of audiovisual work)
    • Must be specially commissioned

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