Legal Question in Entertainment Law in Texas

I am an artist. When I sell a piece of artwork does the person who buys it have the right to reproduce it if I do not have a copyright? I have been told by the author it is legal to use because it is his; I asked that his publisher submit the final repro of the cover for my approval and release. I was promised that would happen. My permission was given to use it under the stipulation I approve of the reproduction as it will appear on the cover. Other artwork is also featured in the book that I did not discuss or allow at all.


Asked on 8/13/11, 6:01 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

You are confused. Copyright is automatic, so you may have a copyright. What you likely do not have is a copyright registration, something that is cheap and easy to obtain if you are the "author" of the work of art. What is not clear from your question is whether you signed a "work for hire" agreement or copyright assignment giving ownership of the copyright (not the piece of artwork itself but the underlying copyright - the right to make further copies) to the writer or publisher. It sounds from your question like you just gave a limited permission not an assignment of the copyright, in which case further copying by the writer or publisher might be copyright infringement. As to the other art (I take it that is your artwork, also) unless you have authorized it's use, that is also likely copyright infringement by the writer and publisher.

I think you should contact an intellectual property lawyer or copyright attorney, as it sounds like the writer is feeding you a line of BS.

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Answered on 8/16/11, 7:46 am


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