Living from your art: copyright, the artist’s best ally
By Luis Armando AlvarezArt Magazine 49
For an artist to build their own cultural legacy within the arts, they must lay the foundations that prove the authorship of their creations. Here, Copyright plays a fundamental role in allowing an artist to honour their work over time through documentary records. These rights grant the artist the right to be recognized as the author of their works, as well as the conditions to benefit financially from them as they wish. This is where documentation serves not only a historical function, but an economic one too.

Every 23 April marks World Book and Copyright Day, promoted by UNESCO to highlight the importance of protecting artistic creations worldwide. It stems from the need to recognize that every work must be linked to its creator, not only from a moral perspective but also from an economic one. Universally, copyright ensures that artists can control the use of their works, be recognized for them and benefit from their exploitation, striking a balance between creation, the market and legal protection.
When an artist registers their works and keeps an orderly record of traceability (that is, keeps the documents proving the sale of their work), they do not only protect their authorship: they lay the foundations that will allow them to exploit their works economically through legal benefits worldwide.
A properly documented work can be licensed for reproductions, publications, exhibitions, merchandising or digital uses. Each of these acts can become a source of income if there is clarity about the title of ownership and the conditions of use of that work. Without documentary backing, these opportunities fade away or remain exposed to disputes. For example, a lack of clarity in the traceability process can lead to abuses by third parties, galleries or cultural centres, resulting in offences against the artist’s intellectual property.
Moreover, the resolution of an infringement of these rights can prove beneficial to the artist. It should be borne in mind that such infringements lead to fines, compensation for damages, and even prison sentences depending on the seriousness of the offence. One example of infringement is publishing a photograph of a painting in advertisements without the authorization or acknowledgement of its author. In that case, the artist will have the right to take legal action against the infringers, provided they have the legal grounds proving their ownership to bring the action.
Organizing archives, contracts and certificates also makes it possible to negotiate on better terms with galleries, platforms and third parties, setting limits, percentages and forms of economic exploitation for the use of works of art. In other words, the artist no longer depends exclusively on the initial sale and begins to structure a sustainable model based on their rights. Living from art is not merely a creative aspiration, but the construction of a methodology that allows the artist to earn additional income.
Ultimately, just as a legacy needs structure to endure, an artist’s sustainability requires legal tools to materialize. Because art can inspire, but it is rights that allow an artist to live from their art with dignity and sustainably, thanks to the benefits granted by copyright law.




