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

The difference between a ‘license’ and a ‘sale’ of artwork in Wisconsin is defined by the Wisconsin Statutes. A license is an agreement between an artist and someone who wants to use the artwork, such as an advertising company. With a license, the artist grants the advertiser permission to use the artwork in a certain way, such as in a magazine ad, but the artist is still the owner of the work. The artist is usually paid a fee and may also receive royalties from sales of a product that uses his or her artwork. A sale of artwork is when the artist transfers ownership of the artwork to the buyer. In this case, the artist receives a one-time payment for the artwork and no longer owns it. The buyer now has legal ownership of the artwork and can do whatever they want with it, including displaying it, selling it, or even giving it away. In both cases, it is important for the artist and the buyer to sign a contract outlining the terms of the agreement. This contract should specify the rights of the buyer and artist, as well as any monetary payments. Contracts are important for preventing misunderstandings and ensuring that both parties are in agreement with the terms.

Related FAQs

How does a gallery consignment agreement work?
What is the difference between copyright, trademark, and trade secret law?
How do I register my artwork as a trademark?
What is a false endorsement claim?
What is ‘due diligence’ in the context of art law?
How long does a trademark last?
What is an economic tort?
What are moral rights of authorship?
What is an artist's moral rights?
What is art authentication?

Related Blog Posts

Protect Your Art Through Art Law: Understanding the Basics - July 31, 2023
Leveraging Art Law Regulations to Safeguard Your Creative Works - August 7, 2023
How to Structure Art Law Contracts - August 14, 2023
Art Law Trademarks and What You Need to Know - August 21, 2023
How to Negotiate Art Law Agreements with Clients - August 28, 2023