Legality in Art: Essential Tips for Creators

When you make art, the creative side is only half the story. The other half is making sure you’re not breaking any laws. Below you’ll get the basics on copyright, licensing, and the rules that come with selling or shipping your pieces.

Copyright basics for artists

Everything you create is automatically protected by copyright the moment you fix it in a tangible form – a canvas, a digital file, a sculpture. That means no one can copy, distribute, or make derivative works without your permission. Registering your work with the local copyright office isn’t required, but it gives you stronger legal footing if a dispute arises.

Keep records of when you started a project. A dated sketchbook, a saved file with a timestamp, or an email to yourself can serve as proof of ownership. When you share your work online, add a simple notice like "© Your Name 2025" to remind viewers of your rights.

Licensing and using other artists’ work

If you need to borrow an image, a pattern, or a photograph, get a license. A license can be free (Creative Commons) or paid, but the key is having written permission that spells out how you can use the material. Always check the license type – some allow commercial use, others only personal.

When you sell prints, merchandise, or digital copies, you’re creating a new license for the buyer. Make that clear in your terms: are they allowed to resell, modify, or only display the work? Clear terms protect both you and the customer.

Shipping, sales, and compliance

Shipping artwork across borders introduces customs rules. Some countries treat original paintings as cultural goods and may require export permits. Check the destination country’s import regulations before you ship. Include a detailed invoice that lists the artwork’s value, materials, and a brief description.

If you sell through online marketplaces, read their seller policies. Many platforms take a cut and also have rules about prohibited items. Violating those rules can lead to account suspension, which hurts your sales.

Taxes are another piece of the puzzle. In most places, income from art sales is taxable. Keep track of all sales, expenses, and receipts. Using simple accounting software makes it easier when tax time rolls around.

Contracts for commissions and exhibitions

When you take a commission, write a contract. It should cover the scope of work, timeline, payment schedule, revisions, and who owns the final image. For exhibitions, a loan agreement outlines insurance, handling, and who is responsible if the piece gets damaged.

Having these agreements in writing prevents misunderstandings and gives you a legal safety net if something goes wrong.

Staying on the right side of the law doesn’t have to be overwhelming. Keep a folder of key documents, use clear licenses, and ask a professional if you’re unsure. That way you can focus on what you love most – creating art.