When you create an original work of art, whether digital or physical, such as NFT digital art, a painting, a sculpture, a photograph, or a song, you automatically own the exclusive rights to use and reproduce it. These rights and intellectual properties are known as copyrights.
But how long do these rights last? And when do they expire?
The answer depends on several factors, such as the type of work, the date of creation, the date of publication, and the country where the work was made.
In general, the following rules apply in the UK (it started to use German regulations and changed from 50 to 70 years of copyright protection):
For dramatic, musical and artistic works (including photographs), copyright lasts for the life of the author plus 70 years from the end of the year of their death.
For sound recordings and films, copyright lasts for 70 years from the end of the year of their publication or release.
For broadcasts and cable programmes, copyright lasts 50 years from the end of the year of their transmission.
For typographical arrangements of published editions, the copyright lasts for 25 years from the end of the year of their publication.
However, there are some exceptions and variations to these rules. For example:
If a work is made by more than one author (such as a collaboration or a collective work), the term is calculated from the death of the last surviving author.
If a work is made by an employee during their employment, the employer is usually considered the author and owner of the work, unless there is an agreement to the contrary.
If a work is made anonymously or under a pseudonym, the term is calculated from the date of publication or release, unless the identity of the author is revealed or can be reasonably ascertained.
If a work is unpublished or has not been made available to the public (such as a private diary or a family photograph), the term is calculated from the date of creation or death of the author, whichever is later.
These rules may differ in other countries, depending on their national laws and international treaties. Therefore, it is important to check the relevant laws before using or reproducing any work of art.
If you are unsure about your rights or obligations regarding any work of art, you should seek legal advice from a qualified professional.