Creating a mural involves both physical and intellectual property. Understanding these rights protects artists and informs property owners of what they can and cannot do with the artwork.
Intellectual Property Basics
Copyright Ownership
As the creator, you automatically own the copyright to your mural—even when it’s painted on someone else’s wall.Physical Ownership
The property owner owns the wall and the mural as a physical object but does not own the intellectual property.
Artist’s Rights Under VARA
Right of Attribution
You must be credited as the creator; the property owner cannot claim authorship or present the work as their own.Right of Integrity
The property owner cannot alter, distort, or destroy the mural in a way that harms your reputation.Duration
These rights last for your lifetime.
Property Owner’s Rights
Display
Owners can show the mural to the public as part of their property.No Reproduction Without Consent
Owners cannot reproduce the mural for commercial products (prints, merchandise) without your permission.No Destruction or Removal
If the owner wants to remove or modify the mural (e.g., due to construction), they must give you advance notice (often 90 days) and an opportunity to remove or restore it.
Licensing & Reproduction Agreements
If you allow owners or third parties to reproduce your mural (e.g., in advertising), you can negotiate licensing terms. Key points to define:
Medium and purpose of reproduction.
Duration and territory.
Compensation or royalties.
NFTs and Digital Rights
Minting NFTs or digital reproductions of your mural requires your explicit permission.
Contractual terms should specify revenue splits and whether the NFT covers the entire image or only a digital adaptation.
Waiving Rights
Artists may waive certain VARA rights in writing (e.g., allowing future removal without notification). These waivers should be carefully considered, and legal counsel is recommended before agreeing to them.
FAQs
Can the property owner sell merchandise featuring my mural?
Not without a licensing agreement. You have the right to control commercial reproductions.
What if the wall needs repairs that affect the mural?
The property owner must notify you in advance and provide the opportunity to restore the mural at their expense.
Can I create derivatives or prints of my own mural?
Yes. As the copyright holder, you can reproduce and sell prints or derivative works unless your contract states otherwise.