Copyright after death

For each column in the rechtReeKs series, the Arts Union chooses an appropriate image made by one of its member artists that has no relation to the issues in the article. This time work by Rabin Huissen: The Kiss/ Kissing Myself, 2200 x 1500 mm

That receiving an inheritance is not always pleasant was evident from the depth of her sigh. Ms. came to me for advice on a commission, but during the conversation it became clear that she was preoccupied by a much more oppressive issue. The fantastic body of work she had inherited from her father proved to be quite a concern in practice.

More and more often I speak to next of kin who are sometimes at their wit's end because of the enormous collection of artworks they have been entrusted with and everything that comes with it. This includes copyright.

The fantastic body of work she had inherited from her father proved to be quite a worry in practice

What exactly is the situation? Copyright lasts until 70 years after the death of the creator. Until then, permission from the copyright owner is required to use a work and someone holds the copyright.

The copyrights, and the works of art, automatically pass to the heirs (spouse or children) or the person designated in a will upon death. This can also be a foundation that will manage the works and copyrights.

Because artists have a personal connection to their work, the Copyright Act gives them special rights to protect their reputation

"What I find so difficult is that ONEn of his statues look totally battered," continued Mrs. "My father would turn over in his grave if he saw this!". She looked at me dejectedly. Father had created a sculpture that stood prominently in the square of a small town. The work of art had been neglected over the years and was also crooked because a package delivery man had recently driven into it. It bothered her that a work that had been so important to her father was in this condition. She wanted to do something about it but didn't know where to start.

Because artists have a personal connection to their work, the Copyright Act gives them special rights to protect their reputation. These are the personality rights. Think of the right to name and the protection against unwanted alteration, mutilation or impairment of the work. This could be leveraged nicely here.

There is unfortunately ONEn important "but. Unlike copyrights, personality rights do not automatically pass to heirs. In principle, they expire if they are not transferred to someone. And in this case, father had not arranged anything.

Any goodwill on the part of the municipality to repair the work was unfortunately not forthcoming. In anticipation of - what in retrospect turned out to be - the desired renovation of the square, the municipality was not kind to Madam. The absence of a will or codicil designating Mrs. to exercise personality rights was seized upon to reject restoration requests. The municipality did not accept Mrs. as a person entitled to make demands, so there was no one to stand up for the work.

Unlike copyrights, personality rights do not automatically pass to heirs

Fortunately, this is a situation that is easy to avoid. On the website of the Arts Union, you can download a clear form that can be used to settle personal rights. Fill it out and keep it with your important papers. It is a simple way to secure your rights and make it as easy as possible for the next of kin to protect your artwork.

On the recently renovated square, the sculpture now stands again in all its glory. The artwork was part of the renovation plans. The sigh of relief is almost deeper.