Copyright
The images in the online store may not be copied without permission. The permission to use the images is only granted to their creator, AnnaK. The drawings are the exclusive property of the artist AnnaK and the company Be Self-Made Ky, and may not be used, modified or copied without permission!
Artist's copyright and its limitations
The artist who creates a work of visual art has the right to dispose of his work. This right includes any use and distribution of the work, both in its original and modified form, including using a different method or art form. The author's permission is required to exploit rights that fall under another copyright.
The rights belonging to the author of a work of art are divided into economic and moral rights. The division is so significant that only economic rights can be transferred in full. In this context, it should be noted that transferring a copy of the work does not automatically mean transferring the copyright. For example, transferring a video clip does not in itself include the right to perform it publicly or to transmit it.
The core content of copyright is the right to reproduce a work. This refers to any kind of reproduction of a work: printing, duplicating, copying and storing. Photographing a work of visual art is a reproduction, as is, for example, converting a photograph or a work of visual art into a digital format.
Another right related to the economic exploitation of copyright is the right to make a work available to the public. Depending on the type of work, this is done by displaying, performing, distributing or communicating. In the case of works of visual art, this is primarily about displaying the work. Communication of the work, on the other hand, refers not only to the physical communication of the work but also to its communication online.
The economic rights mentioned are the part of copyright that can be the subject of economic exchange. An artist is generally entitled to receive compensation for the transfer of their economic rights under copyright, such as for example the use of a work. This is the basis for, for example, the right to compensation for the use of a photographic work online and the right of a visual artist to receive exhibition compensation for displaying a work they own, for example in a gallery.
Moral rights include the right of paternity and the right of respect. The right of paternity requires that the author's name be mentioned in connection with the work in accordance with good practice. The right of respect, on the other hand, prohibits the alteration of the work in a way that violates its artistic value.
An artist has the right to have the work he or she has transferred publicly available. The exercise of this right of access, which belongs to the artist and, to some extent, also to his or her estate, requires that access to the work is necessary for the artist's artistic work or for the exercise of his or her economic rights, and that it does not cause unreasonable harm to the owner or holder of the work. The exercise of the right of access may be necessary, for example, to describe the work for the purposes of a registry or a catalogue of works.
The exclusive right of the author is not unlimited. The author can assign his/her copyright rights by contract. In addition, copyright is limited in many different ways in the Copyright Act.
Copyright restrictions are mandatory. An artist cannot increase his exclusivity through agreements he makes to the extent that the rights are directly limited by law.
The restrictions only apply to published works. The restrictions do not apply to unpublished works in the studio or on a desk drawer. The following is a review of the key copyright restrictions for works in the field of visual arts.
In practice, the most significant limitation of copyright is related to the private use of a work. The exploitation of works for private use is outside the scope of copyright protection. A private individual has the right to copy a work for their own use. Copying an illegally copied copy of a work for private use is prohibited.
Extracts from a work protected by copyright may be quoted. This limitation of copyright is called the right of quotation. In the field of visual arts, this primarily concerns image quotations. Like other limitations of copyright, the right of quotation only applies to published works. First of all, images related to the text may be taken from works of art for the purpose of news activities when this is necessary to cover a current event, provided that the work has not been prepared for a newspaper or magazine.
The use of image quotes is also permitted outside of news activities, but the quote must be made in accordance with good practice and to the extent required by the purpose of the quote. The permissibility of a quote is decided separately in each individual case. The assessment takes into account in particular the purpose of the quote and the relationship between the quoted part and the entire work. In the case of images, the quote can in itself apply to the entire work. Quotes taken from previous works can in principle be used in works of all types.
Good practice requires that the quotation serves as an aid to the intellectual creative work of the citation. This means that the quotation cannot be completely unrelated to the rest of the work or be a separate part, but rather the quotation must have a factual connection to the citation's work. For example, illustrating the citation's writing cannot be considered a factual connection.
The work being cited and its author must be stated in accordance with good practice when quoting.
Images related to the text of a published work of art may also be taken for critical or scientific presentation. However, this restriction does not allow the statue to be depicted in an art book, for example, where the images are clearly the main content of the presentation.
For works on display in an exhibition, copyright is restricted for information and marketing purposes. A work in an exhibition or in a museum collection may be photographed in information about the exhibition or sale or in an exhibition catalogue. However, this copyright exception does not extend to digital content. The inclusion of an image taken from a work of art in an exhibition catalogue published online requires the author's permission.
Photographing a work of art without the author's permission is generally permitted if the work is permanently installed in a public place, such as a park. However, the image may not be used for commercial purposes, such as as part of a book distributed as a commercial product, if the statue is the main subject of the image.
Whether photographing a work of art in a public place is an exclusive right of the author depends, for example, on the position of the statue in the overall image, the intended use of the image, and the content of the publication in which the image of the statue is included. Permission is generally not required if the work of art is visible in the background of the image or is otherwise of secondary importance to the overall image. In an advertising image where the work of art is intentionally part of a staged whole, permission is required, even if the work of art's contribution to the whole is less significant.
The use of images taken from a work of art may be permitted without the author's permission even when it is a compilation intended for use in teaching, i.e. in practice a textbook. For such teaching purposes, images may be taken from published works of art in connection with the text. The author has the right to compensation for the borrowing.