Understanding intellectual property rights is essential when commissioning or creating murals through WXLLSPACE. This guide clarifies who owns what when it comes to your artwork or wall.
Understanding Ownership Rights
When a mural is created through the WXLLSPACE platform, ownership is divided into two distinct categories:
Intellectual Property Rights: Belong to the artist
Physical Property Rights: Belong to the wall owner
Artist Rights Under VARA
WXLLSPACE respects and follows the Visual Artists Rights Act (VARA), which provides important protections for visual artists:
Copyright Ownership: As an artist, you automatically own the copyright to your mural upon creation
Right of Attribution: You have the right to be recognized as the creator of your work
Right of Integrity: You have the right to prevent modification or destruction of your work if it would harm your reputation
Duration of Rights: These rights last for your lifetime
Property Owner Rights
As a property owner, you have specific rights regarding the physical artwork:
Physical Ownership: You own the physical mural on your property
Display Rights: You can display the mural on your property
Property Decisions: You maintain authority over your property, though VARA may limit certain actions
Important Considerations
For Artists:
You retain the right to reproduce images of your mural in your portfolio
You maintain the right to create derivative works based on your mural
You can negotiate additional terms regarding reproduction rights in your contract
Your rights under VARA may be waived only through a written agreement
For Property Owners:
You cannot reproduce the mural for commercial purposes without the artist's permission
Creating merchandise featuring the mural requires licensing from the artist
If building renovation necessitates mural removal, VARA may require you to notify the artist
For murals created after 1990, you may need to offer the artist an opportunity to remove the work before demolition
NFTs and Digital Rights
If you're considering creating NFTs from murals:
NFT creation requires explicit permission from the copyright holder (the artist)
Property owners cannot mint NFTs of murals without the artist's consent
Artists should specify NFT rights in their initial contract if interested in this option
Recommended Contract Provisions
We recommend that both parties clearly address these points in your contract:
Specific copyright licenses granted to the property owner
Terms for reproduction in marketing materials
Social media usage rights
Process for handling potential building modifications or demolition
Credit requirements when the mural is featured in any medium
Need Legal Advice?
WXLLSPACE provides this information as general guidance only. For specific legal questions about your situation:
Consult with an intellectual property attorney
Review sample contracts available in your WXLLSPACE dashboard
Consider having a lawyer review your final agreement
If you have questions about how WXLLSPACE handles intellectual property rights, contact our support team at legal@wxllspace.com.