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

A license gives the licensee permission to reproduce the artwork, meaning it allows someone to use a piece of art in a creative way, such as for merchandise, advertisements, or books. A licensee pays the artist for the rights to use the work, but they do not own the work itself. The artist retains all copyright and moral rights for the work. A sale of artwork on the other hand is a transaction where the artist sells the physical artwork to the buyer. The buyer has full ownership of the artwork and gains all rights associated with it including copyright and moral rights. The artist no longer has any say in how the artwork is used, and the buyer has complete control over their purchase. It is important to keep in mind that even if the buyer does choose to license the artwork to someone else, they must get the artist’s permission before doing so because the artist still has the copyright to the artwork. Both licenses and sales of artwork are important elements of Art Law in West Virginia and should be carefully considered when dealing with art transactions. It is important to make sure the rights and expectations of both parties are properly established to avoid any confusion or misunderstandings.

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