If I Buy Artwork, Do I Own the Copyright?

Updated February 6, 2026

A widespread misconception in the creative and business worlds is the belief that purchasing a creative work automatically transfers the copyright. In reality, ownership of a physical or digital copy is legally separate from ownership of intellectual property rights. Under U.S. copyright law, the creator of an original work is the initial copyright owner, unless the rights are later transferred through a written agreement. Simply paying for a painting, photograph, song, logo, or design does not transfer copyright.

When Selling Art Doesn’t Mean Losing Your Rights

Imagine the following scenario. You sell an original artwork during an exhibition. The buyer photographs the piece, uploads the image to a personal blog, and properly credits you as the artist. He displays the painting in his living room—but later decides to lightly retouch the surface with a brush so the tones better match his décor.

He then photographs the modified room, converts the image into a postcard, produces two hundred copies, and distributes them online for free. On the back of each postcard, he includes a copyright notice and again credits you as the creator of the painting.

You eventually discover everything that was done with your work. You contact the buyer to remind him that you remain the copyright owner, request that he stop using the work, or alternatively obtain a license. He responds:

“I didn’t do anything illegal. I bought the artwork, so I can use it however I want. It’s my property. I’m even helping you by promoting it. And the postcards aren’t infringement—I’m not charging money, the painting is only a small part of the photo, and I credited you.”

Although this reasoning may sound intuitive, it is largely incorrect under U.S. copyright law.

What the Law Says About the Rights of the Artist

The Copyright Act of 1976 grants creators a bundle of exclusive rights in original works of authorship, including:

• reproduction of the work

• distribution of copies

• preparation of derivative works

• public display and performance

• digital transmission

These rights arise automatically upon creation and—unless transferred in a signed written agreement or created as a qualifying work made for hire—belong exclusively to the author for life plus 70 years. See 17 U.S.C. §§ 106, 302.

Does Buying the Artwork Transfer Copyright?

Let’s examine the buyer’s arguments one by one.

1. Purchasing the Object ≠ Owning the Copyright

Buying an artwork transfers ownership of the physical object only—for example, a painted canvas. Copyright ownership does not transfer unless expressly assigned in writing, as required by federal law. See 17 U.S.C. § 204(a). So while the buyer lawfully owns the painting itself, that ownership remains limited by the artist’s retained intellectual property rights.

2. Photographing and Posting the Work Can Still Infringe

Taking a photograph of the artwork and uploading it online implicates the artist’s exclusive rights of reproduction and distribution. Crediting the artist does not cure infringement. Likewise, the fact that the artist previously exhibited or sold the work does not waive copyright protection.

Understanding Derivative Works

The postcard example illustrates the concept of a derivative work—a new creation based wholly or partially on an existing copyrighted work See 17 U.S.C. § 101. Classic examples include film adaptations of novels, such as the television series based on A Song of Ice and Fire by George R.R. Martin. A photograph of a painting is itself a derivative work because it recasts the original expression into a new medium. Without authorization—and absent a legal exception such as fair use—the postcard reproduction constitutes copyright infringement, regardless of:

• lack of profit

• small portion of the image used

• attribution to the artist

Infringement occurs at the moment of unauthorized copying, not only when money is earned.

What About Altering the Physical Artwork?

Now consider the buyer’s decision to lightly repaint the surface. Surprisingly, federal copyright law alone may not fully prevent physical alteration of a lawfully owned artwork, because modification of the tangible object is not always within the core economic rights of §106. However, artists are not without protection.

The Role of Moral Rights in the United States

Certain artistic protections arise from moral rights doctrine, particularly under the Visual Artists Rights Act of 1990 (VARA). See 17 U.S.C. § 106A. These rights treat the artwork as an extension of the artist’s personality and include:

1. Right of Attribution

The right to be recognized as the author—and to prevent false attribution.

2. Right of Withdrawal / Disassociation

In some legal traditions, the ability to distance oneself from a work that no longer reflects the author’s convictions.

3. Right of Access

Limited ability to access the original work in another’s possession when reasonably necessary to exercise copyright rights.

4. Right of Integrity

Protection against:

• distortion or mutilation prejudicial to the artist’s reputation

• display of altered works harming the artist’s honor

• intentional or grossly negligent destruction of certain works of recognized stature

Under VARA, even minor physical alterations may violate the artist’s integrity right if they harm reputation or artistic intent.

Key Characteristics of Moral Rights

• They exist independently of copyright registration.

• They are generally non-transferable, though some may be waived in writing.

• They do not apply to most works made for hire.

Because of these limits, moral rights often become powerful negotiation tools when structuring sales, licenses, and exhibition agreements.

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*This article is provided for informational purposes only, and does not constitute legal advice, counsel or representation.