Copyright implications using Vincent Van Gogh’s works as an example

Copyright: what it is and when it arises

First, let’s define copyright and why it is essential. Copyright is a legal mechanism that protects authors’ rights to original works. It grants authors the exclusive right to use their works, allowing them to control who and how their work can be used.

Copyright arises when a work is created, and in most cases, no registration or other formal actions are required for the rights to exist—it’s enough for the work to take a tangible form. This could be a painting on canvas, a musical composition recorded on a disc, or a book printed on paper.

It’s important to note that in certain countries, such as the United States, registering copyright provides a broader range of protection (such as the ability to claim damages and prove authorship). Generally, in the event of disputes, registration can simplify the evidentiary process and the proof of authorship. Therefore, we recommend voluntary copyright registration to secure authors’ rights and determine ownership, the creation date, and the work itself.

Copyrights are divided into two categories: economic and moral rights. Economic rights, also known as commercial rights, include the right to use the work, grant permission, or prohibit others from using it. These rights are valid for the author’s lifetime and a certain period after death. For example, according to the Berne Convention, an author’s rights are protected during their lifetime and for 50 years after their death. Under Ukrainian law, economic rights expire 70 years after the author’s death.

After the expiration of economic rights, the work enters the public domain, which means that anyone can freely use it. However, moral rights, such as the right to be credited and protection against work distortion, remain protected indefinitely. Thus, the work cannot be altered to harm the author’s reputation.

Accordingly, Van Gogh’s works have entered the public domain since he died in 1890, and the term of economic rights has expired. However, the creator’s moral rights remain protected indefinitely.

Therefore, for a work to be protected by copyright, it must meet two criteria: it must have a tangible form and be original. We will examine these two criteria in more detail further.

Tangible form

According to the legislation of most countries, copyright on a work arises when it is embodied in any tangible (objective) form. The tangible form of a work involves any physical forms, such as paintings, drawings, sculptures, or other material objects. For example, Van Gogh’s paintings are embodied on canvases using paint.

This can also include digital objects that do not have a physical form in the traditional sense, as tangible embodiment does not necessarily mean you can touch the object. The key is that it is stored on a particular material medium and can be viewed by others. For instance, a program’s code embodied in specific symbols in software on a computer is just like music recorded through notes on paper.

Defining originality

While the concept of tangible form is relatively straightforward, originality is a more complex notion. Currently, there is no unified approach to defining originality. In some countries, the so-called presumption of originality is applied, according to which a work is considered original until proven otherwise.

In the EU, a work is considered original if it is the author’s intellectual creation, reflecting their personality. According to UK law, a work is deemed original if the author used their skill, judgment, and individual effort to create it. For example, Van Gogh’s paintings do not merely depict objects or people; they convey the artist’s personal vision, emotions, and thoughts, embodied on canvas using his original techniques. This makes them original and allows them to be protected by copyright.

Factors influencing originality

As noted above, originality is a key aspect in determining the legal status of a work. Based on the mentioned theories, two main factors influence the recognition of a work as original. Let’s examine them in more detail using Van Gogh’s paintings as an example.

Skill, specific techniques, and individual approaches of the artist

Every artist has unique methods, techniques, and styles that make their works distinctive.

For instance, Van Gogh is renowned for his particular use of colors and painting techniques. Art historians note that his short, textured brush strokes and expressive color palette create a unique atmosphere that is characteristic only of him. According to information from the Van Gogh Museum in Amsterdam, where the artist’s works are displayed, during the creation of his self-portrait, Van Gogh uniquely utilized the pointillist technique by placing short strokes of paint in different directions. Where these strokes followed the contours of his head, they formed a kind of halo.

Embodiment of specific ideas in the work

Ideas themselves are not protected by copyright. However, when an idea takes on a concrete form in a work, it can become subject to protection.

Let’s consider this aspect using another Van Gogh painting, “The Potato Eaters.” The idea of depicting peasants having dinner is not original and can be used by anyone. However, the way Van Gogh realized this idea in his painting made it original. In this painting, Van Gogh addresses the harsh reality of rural life, where peasants had to work hard to earn their food. Every detail, every color accent or artifact on the canvas is not just an element of the composition but a way to convey the deep meaning and feelings of the artist.

Art historians from the Van Gogh Museum in Amsterdam emphasize that the artist aimed not only to portray the peasants’ images but also to convey their hard work and dignity and their right to the food they earned. The peasants’ bony hands and coarse facial features may seem anatomically inaccurate, but they express the essence and emotions Van Gogh wanted to convey.

At the time, the painting faced a wave of criticism for its supposed technical mistakes or imperfections in depicting the peasants, with some even considering it caricature-like. However, it is essential to understand that these characteristics give the painting its uniqueness and depth. If Van Gogh’s style had been more conventional, the painting might not have been as original.

Conclusion

Copyright is an essential legal concept that protects creators’ rights to their works and ensures recognition of their talent and effort. However, to prevent copyright misuse, defining which works can be protected by copyright is essential. This helps balance protecting creators’ rights and ensuring public access to cultural and creative works.

Two key aspects influencing the copyright status are the tangible embodiment of the work and its originality. The creativity of Vincent Van Gogh is a vivid example of how uniqueness and originality make works memorable and protected. His works are filled with emotions, depth, and a unique style, embodied in a tangible form, allowing them to be protected by copyright. The originality of these works is defined not only by their exceptional technique and style but also by the profound expression of the artist’s ideas and emotions on the canvas.