PROVENANCE, PROVEN.
An artist retains copyright in their work even after selling the physical piece, meaning a buyer owns the object but not automatically the right to reproduce, exhibit widely or license it further. Editions, commissions and gallery consignments each shift different bundles of rights, and none of them transfer copyright by default without explicit written agreement. Provenance and rights are proved by a numbered, dated record of authorship, edition size and any subsequent sale or licence.
Every work numbered and on record, so a copy, a derivative or a claim is answered with proof.
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THE SITUATION
An artwork carries its history with it. Who made it, when, from what, how many editions, who bought it, where it was shown. The market and the courts both care about that history, and both punish gaps.
AI models trained on artists' visual language add a new layer to the problem. Style copying is not always illegal, but it is always answerable if the artist can show a clean record of authorship and terms.
WHAT BREAKS.
AI models trained on an artist's style
Models trained on a published body of work can generate new pieces closely mimicking an artist's visual language with no consent, credit or compensation.
Edition drift beyond the stated run
Prints or editions can be issued beyond the number originally stated, diluting value with no independent record to catch the overrun.
Gallery consignment overreach
A consignment agreement for a single sale can be drafted broadly enough to grant the gallery rights well beyond what a straightforward sale should require.
Commission rights left ambiguous
A privately commissioned piece can leave unclear whether the client may reproduce, exhibit publicly or resell the work without further agreement from the artist.
Unreported resales missing artist royalties
Resales can happen without the artist ever hearing about them, including in jurisdictions where a resale royalty right would have legally entitled them to a payment.
WHAT YOU CAN OWN.
COPYRIGHT
The artist retains copyright in the work automatically, separate from ownership of the physical object once it is sold.
TRADEMARK
An artist's signature style name or studio brand used commercially can be registered as a trademark, separate from copyright in individual works.
DESIGN RIGHT
Design right protects the appearance of manufactured products, not fine art, though it can be relevant for artist-designed merchandise.
PATENT
Artistic technique and style cannot be patented under any jurisdiction.
TRADE SECRET
An unreleased body of work can be kept confidential by choice, but this is not the same as a legal trade secret.
LIKENESS
Likeness rights are only relevant if the artwork itself depicts a real, identifiable person requiring separate consent.
FOUR STEPS.
DROP
Upload the work, the edition list and any consignment or commission contract.
EXAMINE
Deed flags edition risks, gallery overreach and rights not granted.
EXECUTE
Mint the work as a numbered Deed with authorship, edition and AI terms explicit.
DEFEND
Copies, derivatives and unlicensed prints answered with a dated, numbered record of the original.
KEY FACTS
- 01Selling a physical artwork does not transfer copyright in it; the artist retains reproduction rights unless a contract assigns them.
- 02An edition's stated size is a market convention enforced by the artist's own record keeping, not an automatic legal limit.
- 03Droit de suite, a resale royalty right, exists in the EU and UK but has no equivalent under US federal copyright law.
- 04Moral rights, including the right to prevent derogatory treatment of a work, are stronger and harder to waive under EU law than US law.
- 05A gallery consignment agreement is a sales arrangement, not a copyright transfer, unless it explicitly states otherwise.
QUESTIONS
+Does minting a Deed count as copyright registration?
No. Copyright often exists automatically. Deed adds a public, timestamped record that supports registration and settles ownership disputes.
+What is droit de suite and do I qualify?
In some jurisdictions, artists earn a royalty on secondary sales. Deed flags eligibility and helps you claim it when a resale is recorded.
+Can I license my style to an AI company?
Only if you decide to. Deed lets you say no by default and price a yes if you want to.
+Do I still own the copyright after I sell a painting?
Yes. Selling the physical piece transfers ownership of the object, not the copyright, unless a separate written agreement assigns it.
+Can a client who commissioned a piece reproduce it freely?
Not unless the commission agreement grants that right. Absent explicit terms, reproduction rights generally stay with the artist.