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Manage the rights to your works

When you sell a work, you do not necessarily assign all the rights, quite the contrary; and it is sometimes important to specify them precisely on an assignment contract signed by both parties, then recorded and time-stamped on the blockchain.

Areas of application:
- All works of art.
- Right to use the work: private, public.
- Image rights, etc.
- Rights of use, etc.

In order to enable artists to draw up their own transfer contract, Artcertificat offers :
- a standard licence agreement that can be modified online.
- an electronic signature for the approval of both parties.
- a time-stamped record on the blockchain.

It is also possible to draft a transfer contract with a professional, then to integrate it on Artcertificate in order to benefit from the electronic signature of the parties and to register it on the blockchain.

How to use our services?
1) Register or identify yourself on Artcertificate.
3) Click on the tab 'YOUR TOKENS (NFT)/RIGHTS LICENCE'.

If necessary, contact Artcertificate.


Thanks to French law, art, photographs and digital are protected by copyright, and the artist can decide whether or not to transfer his rights. The transfer of rights is then organised within a contract, which must respect intellectual property law.

How to organise the transfer of copyright related to art? What about the artist's remuneration, or what should be included in the transfer contract? What happens if the contract is broken?

An update on the art copyright assignment contract.

What is copyright in art?
- The assignment of art rights
- Cases of breach of the copyright assignment contract
- Lack of agreement by the artist: the risks involved

Copyright provides a legal framework to protect a work created by an author. It is part of intellectual property, protected by French law and the Intellectual Property Code (CPI).

The artist is here the author of the protected work, i.e. the natural person who creates the work. As such, the artist is the owner of the copyright, from the day the work is created.

To be protected, the art must be original. A simple idea is not protected by copyright. Furthermore, in order to assert copyright, the author must be able to demonstrate the originality of the work.

When a work is protected by copyright, two types of rights are conferred on the author: moral rights and economic rights.

Moral rights
The CPI grants a moral right to the artist. This includes 'the right to respect for his name, his status and his work'. Thus, any dissemination or reproduction of a work without photo credit, or any distortion or editing of a work without the author's agreement, are contrary to the artist's moral rights. Moral rights in a work cannot be assigned and are perpetual.

Patrimonial rights
The economic right of the work belongs to the artist (the author of the work), and corresponds to the exploitation of the protected work. It is a matter of controlling the exploitation of the work by others, and therefore authorising its use by a third party, thanks to a transfer contract.

In return for this exploitation, the artist receives a remuneration. This economic right is applicable for a period of 70 years after the death of the author of the work. Once this period has passed, the work belongs to the public domain.

Only the author of the work, i.e. the owner of the copyright, can make an assignment of these economic rights.

the assignment of rights in art
When a work is created, there are many cases of exploitation by others, requiring the establishment of a copyright assignment contract.

This may be, for example, the use of photographs to illustrate a book or an album cover, the use of photographs by a company for its communication, or the reproduction of the work pure and simple, i.e. the copy of the photograph.

To meet these different cases of exploitation, there are different types of copyright assignment contracts.

The different contracts of transfer of copyright.
There are several types of copyright assignment contracts, which correspond to the author's professional field. For the photographer, these are mainly the publishing contract and the reproduction or use contract.

The publishing contract is usually concluded with a publishing house, which undertakes, for example, to publish a book of photographs. In this case, the photographs will be treated as a conventional book. The photographer will have to ensure that the remuneration is to his or her advantage (often including a share paid in advance, possibly accompanied by a percentage share of the sales).

As for the contract of use, it allows the assignee to use one or more photographs, mentioned in the contract. The contract may provide for the possibility of reproducing the work, distributing it or adapting it. For this contract, the artist must take care to define and limit each of his uses. For example, when a paper reproduction right is provided for, care must be taken to provide for a limited number of reproductions.

Information not to be omitted in the contract for the transfer of copyright in art.

The transfer of economic rights must be limited: in time, geographically and in terms of media. These limitations are provided for by the CPI, with mentions to be included in the copyright assignment contract;
The rights assigned: the type of right and the extent of the rights assigned. The rights assigned: the type of right and the extent of the rights assigned. For example, the reproduction right, for the totality of the economic rights of the work;
The duration of exploitation: the duration may be temporary, which must therefore be specified;
The place of exploitation: the exploitation may very well be limited to a given territory, for example the French territory;

The types of media and the number of reproductions: exploitation may be authorised for certain media (e.g. a digital medium and not a paper medium), and may be limited to a certain number of reproductions (e.g. a specific number of paper prints).

For the contract to be valid, it must of course mention the contact details of both parties, a precise description of the work concerned, the amount of the author's remuneration, as well as the sanctions in case of breach.

The author's remuneration
The artist may receive remuneration in return for the transfer of the economic rights of his photograph. This remuneration can be specified within the transfer contract, and is in principle proportional (according to the CPI). The proportional remuneration is a percentage of the profits generated by the exploitation of the work.

However, it is possible, in certain specific cases, to provide for a fixed remuneration, in particular when proportional remuneration is not possible. In such cases, the artist must ensure that the lump sum remuneration is properly assessed in relation to the rights granted.

The rules concerning the contract for the transfer of copyright in art.

Cases of termination of the copyright assignment contract.
The most common cases of breach of the copyright assignment contract are when one or more photographs are used outside the scope of the contract. For example, when the assignment contract provides for a time-limited use but the assignee has used the work beyond that time. In this case, the assignee is exposed to civil legal proceedings, in which he could be ordered to pay damages.

Another frequent case of non-compliance is the use of the photograph without mentioning its author, i.e. without his signature. This practice is contrary to French law. The mention 'DR' or 'Droits Réservés' (Reserved Rights) often affixed to press photos, for example, is a practice contrary to the CPI. A properly drafted copyright assignment contract will moreover recall the obligation of the assignee to mention the name of the author at each use of the photograph.

lack of consent by the author: the risks involved
When a photograph has been used without the artist's consent (i.e. an exploitation that would not have been foreseen by a contract), whether it is a reproduction, a representation or a diffusion, this may constitute an infringement within the meaning of the CPI. In this case, as infringement is an offence, the person responsible for the infringement is liable to a criminal conviction, in addition to a possible civil conviction.

The contract for the transfer of copyright in art is therefore an important stage in the life of the artist's work. The artist must ensure that the rights assigned are properly protected and that a fair remuneration is negotiated. The drafting of this contract can be technical, which is why Artcertificate accompanies you in this process by providing you with a standard contract that you can modify yourself.



The certificate of authenticity

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When artists sell their work, they must provide a Certificate of Authenticityin order to be more professional and give all the guarantees to the buyer. A Certificate of Authenticity is essential for the attribution of a work.

Without a Certificate of Authenticity, it's impossible to determine the artwork's origin or to attribute it to an artist. The only value it has will depend on its size, the technique, the materials, and the subject represented.

A Certificate of Authenticity is the key to the successful sale of your works. You must provide a Certificate of Authenticity to the buyer (even if he or she does not ask for one) along with the invoice.

Without a Certificate of Authenticity, most doors will remain closed; no estimate, no transaction. A Certificate of Authenticity is mandatory to establish that a work of art is authentic and has been created by the Artist.

No mention in a raisonné catalog about the financial value of the artwork. Without a Certificate of Authenticity, it's impossible to evaluate the artwork, its only value depends on its size, its technique, the materials used and the subject represented.

What is a Certificate of Authenticity?

A Certificate of Authenticity is a document that is used to attribute a painting, sculpture or photograph to an artist. Important: an invoice cannot serve as a Certificate of Authenticity.

What is the value of a Certificate of Authenticity?

The value of a Certificate of Authenticity depends on the authority of the person writing it, if he or she is recognized by all professionals as the most competent for this subject or artist at the time the certificate is written.

What is the purpose of a Certificate of Authenticity?

Requesting and getting a Certificate of Authenticity allows collectors to:

1. Establish the identity and authenticity of the artwork of art
2. Keep a record of the origin of the acquired artwork
3. Quickly assess its value over time, especially if the artist is or becomes popular
4. To guarantee the authenticity and value of the artwork when it is resold

Providing a Certificate of Authenticity allows artists to:

5. Ensure the authenticity of their creation
6. Facilitate the future of the artwork and its identification
7. Offer a valuable service to your buyers
8. Build credibility within your community

Artcertificate's Blockchain

Certificat Blockchain

Artcertificate allows artists and professionals to create and register certificates of authenticity which will then be included in the Blockchain on the Ethereum network. A specific option allows the transfer of any certificate to the Blockchain with one click.

What is: Artcertificate Blockchain?

It's a fully managed Blockchain registration service that facilitates the creation and management of a scalable network of blockchain and distributed registry technologies used for COA Certificates of Authenticity. All COA's can be registered on the blockchain with one click and get a certificate of authenticity on Artcertificate's Blockchain (COABC).

Decentralized management:
A blockchain allows Artcertificate to create COA certificate of authenticity records where different members of the network can check the authenticity of the records without the need for a reliable central authority (Control is done outside of Artcertificate). Each party, known as a member, has a peer node in the network.

Artcertificate Blockchain uses a reputable block chain framework.

Ethereum is perfect for highly distributed block chain networks, where the transparency of data from all members is important and allows all participants in the network to independently verify the activity of every member. Ethereum also allows us to join a public Ethereum block chain network.

The register is decentralized and managed by an Ethereum blockchain that is shared among the members. The control of the registrations is independent from Artcertificate. The registration of the COA is made following the specific request of the applicant.

Certificat Blockchain



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