What is the difference between a ‘license’ and a ‘sale’ of artwork?

A ‘license’ and a ‘sale’ of artwork are two separate concepts under Art Law in Nebraska. A license is when an artist grants permission to a third party to use the artist’s work for a specific purpose. This permission is usually granted in exchange for a fee, which is known as a royalty payment. The license is governed by the terms of the written agreement between the artist and the third party. A sale is a more permanent transfer of property rights in the artwork. When artwork is sold, the artist no longer owns the artwork. Instead, the artwork becomes the property of the buyer or purchaser. The buyer can then do whatever they wish with the artwork. This includes display, reproduction, and adaptation. The sale of artwork is traditionally governed by contract law, so it is important for both parties to make sure all terms and conditions are clearly set out in the contract. Both license and sale are important aspects of art law in Nebraska, and it is important to know the difference. If an artist grants permission to a third party to use their work, the parties must ensure that the terms of the license are clear and reflected in a written agreement. Conversely, if artwork is to be sold, both parties should clearly establish the terms and conditions of the sale in a written contract in order to protect the rights of both the buyer and the artist.

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What is the difference between a ‘license’ and a ‘sale’ of artwork?

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