Exploring Intellectual Property in Artistic Interventions

Written by Cemresu Yücebalkan, IP and Innovation Manager at the European Research and Project Office GmbH (EURICE)

An artistic intervention is an action whereby artists intentionally insert their work into a specific setting, often outside traditional galleries, or exhibition space, to provoke thought, spark dialogue, or shift perspectives . These interventions can take many forms — installations, performances, or interactive art — and often happen in public spaces or within existing structures, such as workplaces, social spaces, or online communities. The goal is typically to address social, political, or cultural issues, encouraging viewers to engage with the artwork in a way that disrupts their usual perceptions of the space or topic.

Creativity is the most vital asset of any artist; yet the creative outputs are often vulnerable to theft due to their sensitive nature and a lack understanding of how they can be protected? That is where intellectual property (IP) comes into play.

Intellectual property refers to any original creation of the mind, including technical inventions, software code, designs (aesthetic/functional), works of art, music, videos, literary works, logos and so on. Intellectual property rights (IPRs) on the other hand, are legal rights given to the creator or inventor, which are aimed at protecting the intellectual assets, such as patents, copyright, design rights, trademarks, utility models etc.

“But how can I protect my artistic work?” you may ask yourself. There are certain ways:

Copyright

Copyright is an intellectual property right, that entitles the owners of literary and artistic works to a set of exclusive rights over their works. These rights, generally, include copying, translating, adapting and altering, communicating and performing to the public, distributing, renting and lending copies.

What can be protected by copyright?

• literary works: novels, song lyrics, newspaper articles;
• computer programs, software code, some types of databases;
• dramatic works: dance or mime;
• musical works;
• artistic works: paintings, photographs, sculptures, architectural designs, technical drawings, diagrams, maps, logos;
• layouts or typographical arrangements;
• recordings of a work: recorded music performances;
• broadcasts of a work

According to a well-established principle, copyright protection applies solely to physical expressions and does not cover ideas, procedures, methods of operation, or mathematical concepts in their abstract form. For a work to be eligible for copyright, it must be original—reflecting the author’s intellectual creation — and must exist in a concrete, physical form (this requirement is only applicable in some EU Member States as it is subject to national laws).

In the European Union, as in all countries that are signatories to the Berne Convention, copyright protection is automatic. This means copyright is established at the moment a work is created, with no requirement for registration or any other formalities. However, this does not mean that copyright owners should not take any measures to inform others of their rights and reduce the risk of infringement. One widely recognised method is the use of a copyright notice, which typically includes the copyright symbol (©), the owner's name, and the year the work was created or protected.

Even though copyright registration is not mandatory for protection, some national laws offer optional registration systems. These can be advantageous in specific scenarios, such as providing evidence of ownership and creation on a particular date during legal proceedings. Additionally, registration can help safeguard against the misappropriation of information in negotiations with potential partners by demonstrating that the material was pre-existing and protected.

Copyright grants two main categories of rights:

• Economic Rights enable copyright owners to control (license) the use of their works, and be remunerated for their use. These rights normally take the form of exclusive rights and include the right to reproduce and publish the work.
• Moral Rights ensure the creator's personal connection to the work, including the right to be acknowledged as the author and to object to any distortion or misuse of the work that could harm their reputation. Please note, the creator may differ from the owner.

How can I exploit my copyright?

Licensing - a license outlines the agreed terms and conditions for use.

• Exclusive licenses: Allow a single licensee the rights to use your work under agreed terms and conditions. You cannot license it to others during the agreed term.
• Non-exclusive licenses: Let multiple parties use your work simultaneously.
• Creative Commons licensing : Share your work freely while retaining attribution or other specific rights.
• Sole licence: Exclusive licence, but the licensor generally retains the right to use their intellectual property.

Assignment

In most EU countries, a sale/transfer of copyright ownership from a copyright owner to a third party is allowed. It can be done by means of an assignment agreement. An assignment agreement is a legal contract through which a copyright holder (the assignor) transfers their copyright in a specific work to another party (the assignee), who then assumes ownership of the rights. Please note that while copyright ownership can be transferred, the moral rights will still remain with the creator.

A copyright assignment occurs, for example, when an author transfers ownership of their copyright to a publisher. This allows the publisher to distribute the work to a wider audience, typically compensating the author through monetary remuneration, such as royalties. Assignment agreements generally involve the complete transfer of the rights in question. Consequently, if the assignor wishes to use the work after the assignment—such as publishing it on a website — they must obtain permission from the assignee. Unless otherwise specified in the agreement, a copyright assignment is usually permanent.

Term of protection

In many countries, moral rights are perpetual and do not expire, while economic rights are typically time-bound. According to the Berne Convention, the minimum duration of economic rights is the author’s lifetime plus 50 years after their death. However, in the EU, this period is extended to 70 years after the author has passed away. For works of joint authorship, the 70-year protection period is calculated from the death of the last surviving co-author.

Trademark

Trademarks are signs used in commerce to distinguish products and services. They serve as symbols that help customers identify and select your brand. A trademark can include various elements such as words (including personal names), designs, letters, numerals, the shape of goods or their packaging, or even sounds. To qualify, the mark must be clearly representable in the register and capable of distinguishing your goods or services from those of others.

Trademarks can be safeguarded through registration, which helps protect your brand value, establish your rights, prevent counterfeiting, and defend against competing marks.

Can artistic works be registered as trademarks?

As explained above, artistic works, such as music, dramas, songs, poetry, and so on, generally fall under copyright protection. However, if you use such artwork as a logo for your business to sell or promote your goods or services, you can trademark it. Additionally, you can trademark your name or stage name with the trademark office to prevent others from using it, ensuring exclusive rights to your identity as an artist.

How do I register the logo of my artwork as a brand?

Trademark protection is territorial, meaning its scope is limited to the region where it is registered. It can be registered as:

• European Union Trade Mark (EUTM) for the entire European Union by filing a unique application at the European Union Intellectual Property Office (EUIPO);
• National title, applied for separately in respective countries of interest;
• International registration at World Intellectual Property Organization (WIPO) which is equivalent to a bundle of national registrations;

There is a grant scheme called SME Fund designed to help EU-based small and medium-sized enterprises (SMEs) protect their IPRs. The SME Fund is a European Commission initiative implemented by the EUIPO. With the SME Fund, the applicants can get reimbursement of the trademark application fees. For more information: SME Fund

Term of protection

Unlike other intellectual property rights (patents, designs, copyrights), you can hold the right to your trademark indefinitely. However, in order for your trademark to be protected, it has to be renewed on a regular basis. The period of trademark protection may vary, but is usually ten years and it can be renewed indefinitely upon payment of additional fees.

Design

Clearly, when we think of artists, designers often come to mind as well. While all designers may be creative, not all designers are necessarily considered artists. Designers focus on creating functional and aesthetically pleasing solutions for specific purposes, such as product design, graphic design, or fashion design. Artists, on the other hand, create works intended to express personal or cultural ideas, often without a specific functional purpose. However, there can be overlap, as some designers also approach their work with an artistic mindset.

Design protection grants you exclusive rights over your design if it is new and has individual character, allowing you to make, offer, market, import, export, or use the product incorporating your design. Third parties may only use your design in their products if you provide authorisation. A design is considered new if, as of the filing date of the registration application, no identical design has been publicly disclosed. A design is deemed to have individual character if it creates a different overall impression on an informed user compared to any design that was publicly available before the application’s filing date. That’s right, registration is usually also required for designs to ensure protection.

In addition to design protection, designs can also be eligible for copyright protection if they meet the requirements for both: originality under copyright law and novelty and individual character under design rights.

How do I register my design?

Similar to trademark registration, design protection can be obtained through various routes, including applications to national offices, the Community design system, or the Hague design system.

• If you only require design protection in a single EU country, you should register your design with the relevant national intellectual property office.
• When you operate in multiple EU countries, you can secure design protection across all EU member states by registering a Registered Community Design (RCD) with the EUIPO. (Same as trademarks, EUIPO offers reimbursement for design application fees too. See SME Fund)
• The Hague System for the International Registration of Industrial Designs offers a process for registering a design in multiple countries through a single application. This application can be filed in one language and requires a single set of fees. The system is managed by WIPO.

Unregistered Community Design

If you only need protection for your design within the EU for a short period, such as three years, you can opt for an Unregistered Community Design (UCD) instead of a registered design. With a UCD, no registration or fees are required. It protects your design from the moment it is publicly disclosed, but it cannot be renewed once it expires.

Disclosure will not be considered if the design is not known "in the normal course of business" to specialised circles in the relevant sector within the European Union. Therefore, the design must be recognised by at least the interested parties in the sector within the EU, and the date of disclosure must be clearly established.

Term of protection

In most countries, registered design protection is renewable by periods of five years from the filing date, up to a maximum of 25 years.

Conclusion

The article describes the most common ways to protect artistic works through IPRs. However, depending on the type or technical nature of the work, other protection methods may also apply, as IP protection is tailored to suit the specific characteristics of the creation or innovation.

Useful Links:

• European IP Helpdesk Fact Sheet – Copyright Essentials
• European IP Helpdesk Fact Sheet – Trademarks: The Face of Your Business
• European IP Helpdesk Fact Sheet – Trademark Management: Looking After Your Trademark Once the Registration is Done
• Learn more about Trademark Registration: EUIPO - Trademarks
• Learn more about Design Registration: EUIPO – Registered Community Design