The gallery dealer and intellectual property: protecting catalogues and communications

01Copyright applied to exhibited works

Copyright protects works of the mind from the moment of their creation, without any registration formality. In France, the Intellectual Property Code grants the artist an inalienable moral right and economic rights that allow control over the reproduction and representation of works. The dealer who exhibits a work does not automatically hold the right to reproduce it in a catalogue or disseminate it on the gallery website. This right of reproduction must be the subject of express authorisation from the artist or their rights holders.

In practice, the representation contract between the gallery and the artist generally includes a clause authorising the gallery to reproduce works for promotional and sales purposes. Drafting this clause deserves particular attention. It must specify the authorised media, the duration of authorisation, the territory covered and any remuneration conditions. Galerie Daniel Templon, Galerie Perrotin and Galerie Thaddaeus Ropac work with contracts that detail these elements precisely, thereby avoiding the grey areas that generate conflicts.

The case of deceased artists is more complex. Economic rights are transferred to heirs for a period of seventy years after the author's death under French law. The dealer wishing to reproduce a work by a deceased artist must identify the rights holders and obtain their authorisation. Collective management societies such as ADAGP (Société des auteurs dans les arts graphiques et plastiques) facilitate this process by managing reproduction rights on behalf of numerous artists and estates.

02Exhibition catalogues: a legally complex object

The exhibition catalogue is an editorial object that concentrates several layers of intellectual property rights. It contains reproductions of works, photographs, critical texts and sometimes contributions from invited authors. Each of these elements is protected by copyright and requires specific authorisations.

Reproductions of works require authorisation from the artist or their rights holders, as discussed above. Photographs of the works are themselves protected by copyright for the benefit of the photographer, creating a double layer of rights: the artist's right over the reproduced work and the photographer's right over the image. The dealer must ensure authorisations from both parties are secured. In practice, the contract with the photographer commissioned to take the shots generally includes an assignment of reproduction rights for gallery uses.

Critical texts written by exhibition curators, art historians or critics are protected in the same way as any literary work. The author of the text retains moral and economic rights unless expressly assigned. The dealer commissioning a text for a catalogue must formalise this relationship with a contract specifying the scope of the rights assignment: reproduction in the print catalogue, distribution on the gallery website, potential reuse in other communication materials.

Galerie Kamel Mennour and Galerie Lelong illustrate rigorous practice in this area. Their catalogues systematically credit photographers, note copyrights for works and acknowledge the rights of text authors, demonstrating transparent intellectual property management that protects the gallery and values contributors.

03Digital communications and their pitfalls

Digital communications have multiplied opportunities to disseminate images of works and, consequently, the risks of intellectual property rights violations. Publishing a photograph of a work on Instagram, sharing a visual in a newsletter, reproducing an image found online in a press release: each of these acts potentially engages the gallery's liability if necessary authorisations have not been obtained.

French law does not recognise a general exception for commercial promotion. The fact that the gallery disseminates the image to sell the work does not exempt it from the obligation to obtain reproduction authorisation. Some jurisdictions have recognised informational use within the framework of criticism or exhibition reviews, but this exception is interpreted restrictively and does not cover the promotional use that characterises a gallery's communications.

Social media add further complexity. By publishing an image on Instagram or Facebook, the gallery grants these platforms a non-exclusive licence to use the shared content, in accordance with their terms of service. The dealer must verify that this sub-licence is compatible with the authorisations obtained from the artist. An artist who authorises reproduction of their work on the gallery's website has not necessarily consented to that image being used by a commercial platform under the terms of its own general conditions.

Galerie Nathalie Obadia has developed an internal digital communications charter that formalises rights verification procedures before each online publication. This systematic approach, which may seem constraining, protects the gallery against claims and demonstrates professional respect towards the artists represented.

04Protecting content created by the gallery

While the dealer must respect the rights of artists and contributors, the gallery is also the holder of intellectual property rights over content it produces. Presentation texts written by the gallery, catalogue layouts, the selection and arrangement of works in an exhibition, and scenography: these elements may be protected by copyright provided they demonstrate original creative effort.

The gallery name can be protected as a trademark, on condition of registration with INPI (Institut national de la propriété industrielle) in France or with EUIPO (European Union Intellectual Property Office) for European-wide protection. Trademark registration protects the dealer against use of their name by third parties in the visual arts sector and related activities.

The database constituted by the collector file, photographic archives of past exhibitions and documentation files on represented artists may be protected by the sui generis database right, which prohibits substantial extraction of content by third parties. This protection is particularly relevant in the digital age, where copying and reuse of data are facilitated by technology.

The dealer should not neglect protection of their visual identity: logo, graphic charter and website design. These elements contribute to the gallery's recognition and deserve legal protection that prevents imitation and unauthorised use.

05Contracts with artists: anticipating rights questions

The representation contract between the gallery and the artist is the fundamental document organising the relationship in terms of intellectual property. A well-drafted contract anticipates rights questions and prevents subsequent conflicts. It must explicitly address reproduction rights for promotion, reproduction rights for catalogues and publications, digital distribution rights on the gallery website and social media, and conditions for assignment or licensing of rights for specific uses such as publication in third-party works or provision of images to the press.

The Comité professionnel des galeries d'art (CPGA) has published model contracts integrating these clauses that constitute a useful starting point for the dealer wishing to formalise relationships with artists. These models do not dispense with recourse to a specialist lawyer to adapt clauses to the specific situation of each gallery and each artist, but they offer a frame of reference recognised by the profession.

The dealer must also anticipate the consequences of the end of the representation relationship. Should reproduction rights granted to the gallery during the contract period cease automatically at the end of the collaboration, or does the gallery retain the right to use images of works to document its exhibition history? This question, rarely addressed in contracts, generates disputes when the separation between the gallery and the artist occurs in a conflictual context.

06The resale right: a European specificity to understand

The resale right is a legal mechanism specific to European law that grants artists in the graphic and plastic arts a percentage on the resale price of their works on the secondary market, when that resale involves an art market professional. In France, this right is set at a degressive scale ranging from four per cent for the initial price bands to half a per cent for the highest bands, subject to a ceiling of twelve thousand five hundred euros per transaction.

The resale right applies to sales occurring after the first transfer by the artist, when the sale price reaches a minimum threshold. It is collected by collective management societies, principally ADAGP in France. The dealer operating on the secondary market, reselling works on behalf of collectors, must factor this right into margin calculations and inform clients of this obligation.

The resale right constitutes a source of income for artists and their heirs that reflects the legislator's recognition of the artist's continuing contribution to the value of their work. The dealer who explains this mechanism to collectors contributes to art market education that strengthens confidence in transactions and values artists' work.

07Building an intellectual property culture within the gallery

Intellectual property management should not be perceived as an administrative constraint but as a component of the gallery's professional identity. The dealer who scrupulously respects the rights of artists and contributors sends a signal of professionalism that strengthens the confidence of all stakeholders. Artists are more inclined to entrust their work to a gallery that demonstrates mastery of legal matters. Collectors are reassured by the transparency of a gallery that rigorously documents the provenance and rights attached to the works it offers.

Training the gallery team on these subjects is a worthwhile investment. Gallery assistants, communications managers and artistic directors must know the fundamental principles of copyright and the internal rights verification procedures. This shared culture reduces the risk of error and creates a working environment where respect for intellectual property is naturally integrated into daily practices.

For Artedusa partner galleries, the platform offers a structured framework for disseminating works that integrates intellectual property requirements. Photographic credits, rights notices and provenance information are incorporated into works presentations, guaranteeing artists and collectors a transparency that strengthens the credibility of each gallery on the international market.