In the field of art, signing a copied painting has become a controversial topic related to the author’s moral rights. Moral rights not only include the right to be recognized as the author of the work but also relate to the protection of the honor and reputation of the creator. When an individual signs a painting that is not their creation, does this act violate the moral rights of the original author? The following article from VCD will help you.
1. What are the legal regulations for signing a painting?
A painting is one of the types of works created from lines, colors, shapes, and layouts. Therefore, a painting is classified as a work of visual arts or applied arts and is protected by copyright according to the provisions of Point g, Clause 1, Article 14 of the current Law on Intellectual Property. Therefore, the author, the copyright owner has personal rights (Article 19) and property rights (Article 20) as prescribed by this Law.
Clause 2, Article 19, stipulates the following: The real name or pen name is on the work; the real name or pen name is stated when the work is published or used. Accordingly, it can be understood that signing a work is the act of marking the author’s ownership of the work he/she created, not allowing others to edit, cut, or distort the work in any form that harms the honor and reputation of the author.
2. Does signing a copied painting infringe upon the author’s rights?
According to Clause 2, Article 19, the intellectual property law only stipulates that “the author’s name must be shown on the work”. This shows that the law does not mention the possibility of confusion about the author’s status, nor does it provide for the right to prohibit third parties from recording or signing the work.
Regarding the subject of protection, the law only specifies the real name and pen name of the author but does not mention the signature. Although the signature may be an important sign to verify the author’s status, the failure to mention it may lead to the understanding that the author has no right to intervene when the original and copies of the work do not show his signature. At the same time, this also implies that the author has no right to prohibit third parties from signing his work. Therefore, the lack of provisions regarding signatures and the right to prohibit third parties may create loopholes in the protection of the author’s rights, especially in cases related to signatures and the integrity of the work.
According to the provisions of the Intellectual Property Law, the author has the right to sign his work, but if the author does not sign and then sells the original work, he no longer has the right to require his signature to be displayed on the original sold. Furthermore, when a third party creates a legal copy of the work, the author also has no right to require his signature to be displayed on those copies.
According to Article 6bis of the Berne Convention, the author has the right to request recognition of the authorship of the work. Having his/her name on the work and stating his/her name when the work is used is a form of expression or recognition of the authorship, typically by signing or stamping the work. Furthermore, from the proactive perspective, the Berne Convention stipulates that the author has the right to place any information or sign on the work that allows him/her to be identified as the author, while from the passive perspective, the author has the right to request the removal or correction of misleading information about his/her authorship.
Clause 4, Article 19 of the current Intellectual Property Law, stipulates: Protecting the integrity of the work to prevent others from distorting it; not allowing others to modify or cut the work in any way that harms the honor and reputation of the author and according to the provisions of Clause 1, Article 7 stipulates: The intellectual property right holder may only exercise his/her rights within the scope and period of protection as prescribed by this Law, so it can be seen that “the element causing harm” is a mandatory condition to determine the act of infringing the right to protect the integrity of the work. In addition to infringing on the integrity of the work, the act of signing on the painting or removing the author’s signature must have consequences that can harm the honor and reputation of the author.
In short, the act of signing on the painting or removing the author’s signature can hardly be considered an infringement of the right to protect the integrity of the work as prescribed by the Law on Intellectual Property.
Impersonating an author is less common than copying a painting and creating a fake signature to deceive customers, making them believe that it is the “original” of a famous artist. In addition, signing a copy of another artist’s work is also a relatively rare situation.
Above is the article “Does signing a copied painting violate the author’s rights?” \that VCD sends to you. We hope this article is useful to you.
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