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I have purchased a piece of art. I can now copy it and sell the prints! WRONG!!!

I've been doing some research because of some of the experiences that I have had over the years. I just had a lady, who purchased one of my originals, tell me that she is now photocopying my painting and selling the prints. Yikes! I told her to stop, to which she replied that she had bought my painting and had the right to do whatever she wanted with it.

Then, like many artists I have had people tell me that they really love my art and they want to speak with me privately to make a deal. To me that normally means NFTs - which I don't even look at! Most of the time it means NFTs.

I'm a photographer and have fun taking photographs primarily of nature. One day someone was showing me their photography and they showed me a photograph that I'd seen before. They claimed that it belonged to them.

Most of my research is based on Wikipedia, reading and copying Canadian Government documents and in a limited way my opinion.

"Discovery by Victoria Zyluk

People should be aware that owning an artwork does not necessarily grant you all the rights to copy, distribute, adapt, perform, or display it. These rights belong to the original creator of the artwork or their heirs unless they have transferred them to you explicitly. You may need to obtain permission from them or pay royalties if you want to use their work in certain ways.

We've recently had "interesting people" who, over the internet, have said that they're going to represent us and display our work. Our answer is an emphatic no! I'm not sure how this would work with NFTs but allowing others to reproduce your work and not knowing how it's going to be used, limits your control over your work.

There are documents that can prove the ownership and authenticity of a work of art. This is an important aspect of collecting and selling art, especially in the 21st century, where the art market is becoming more regulated and scrutinized.

There are different types of documents that can serve as evidence of ownership and authenticity, depending on the source, format, and content of the information. Some of the most common and reliable documents are:

"Golden Flight" a photograph by Samantha Zyluk

These are some examples of documents that can attest to the ownership and authenticity of a work of art. However, there may be other types of documents that are relevant for specific artworks or categories. It is advisable to consult with an expert appraiser or archivist if you have any doubts or questions about your documentation.

Additionally, you should be aware that owning an artwork does not necessarily grant you all the rights to copy, distribute, adapt, perform, or display it. These rights belong to the original creator of the artwork or their heirs unless they have transferred them to you explicitly. You may need to obtain permission from them or pay royalties if you want to use their work in certain ways

Therefore, artists and painters should be aware of their rights and obligations when creating and sharing their works. They should also register their works with the Canadian Intellectual Property Office to get a certificate of registration that can serve as evidence of ownership in case of a dispute.

Moral rights are rights of creators of copyrighted works that protect their personal and artistic interests in their works. They are generally recognized in civil law jurisdictions, such as France, Germany, and Canada, and to a lesser extent, in some common law jurisdictions, such as the United States.

  • The right of attribution, which means the right to be credited as the author of the work and to prevent others from claiming authorship.

  • The right of integrity, which means the right to prevent any modification, distortion, or mutilation of the work that would harm the author’s reputation or honor.

  • The right of anonymity or pseudonymity, which means the right to decide whether to publish the work under one’s own name, a pen name, or no name at all.

  • The right of withdrawal or context, which means the right to retract or remove the work from circulation if the author changes their mind or disagrees with how the work is used or presented.

Moral rights are important for artists and creators because they allow them to maintain their artistic integrity and identity, and to protect their works from being misused or misrepresented. Moral rights also benefit the public by ensuring that the works are authentic and original, and that the authors are respected and recognized for their contributions.

"Dressed in Winter" an Acrylic Painting by Victoria

People are not able to use a stock image and claim it as their own work. Stock images are images that are licensed by their creators or owners to be used by others for various purposes, such as advertising, design, or education. However, using a stock image does not mean that the user owns the image or has the right to modify it or pass it off as their own work. Doing so would be a violation of the moral rights and economic rights of the original author, and could result in legal consequences.

Therefore, people who use stock images should always follow the terms and conditions of the license agreement, which may vary depending on the source and type of the image. Some common rules for using stock images are:

Giving proper credit or attribution to the original author or source of the image.

Not using the image for illegal, immoral, or offensive purposes.

Not altering or editing the image in a way that would harm the author’s reputation or honor.

Not reselling or redistributing the image without permission or payment.

Stock images can be a useful and convenient resource for creating visual content, but they should be used with respect and responsibility.

NFTs are non-fungible tokens, which are unique digital units of value that are recorded on a blockchain. They can be linked to any digital or physical asset, such as art, music, memes, etc.

When you create an NFT of your art, you are not selling the art itself, but a token that represents it. The token contains metadata that describes the art and the rules and rights that attach to it. For example, you can specify if you want to receive royalties for every subsequent sale of the token, or if you want to retain the intellectual property rights to your art.

However, creating an NFT of your art does not prevent others from copying or using your art without your permission. Anyone can still access and download the digital file of your art from the internet, or make a physical reproduction of it. The only thing that an NFT provides is a proof of ownership and authenticity for the token holder, not the underlying asset.

Therefore, if you want to have more control over how your art is used, you should consider registering your art with a copyright agency or using a digital watermark or signature to identify it. You should also read the terms and conditions of the platform where you mint or sell your NFTs, as they may have different policies regarding your rights and responsibilities.

This series of three photographs of "Bathed In Gold" an acrylic by Victoria Zyluk, is taken to show the painting in three different lights.

Art and NFTs are a popular topic these days. NFTs, or non-fungible tokens, are digital assets that represent ownership of unique items, such as art, music, or games. They are stored on a blockchain, which is a secure and transparent ledger that records transactions and ownership. NFTs can be a way for artists to monetize their work and reach new audiences online.

However, NFTs also come with some risks and challenges. There are many types of NFT scams that can target artists and buyers, such as phishing, fake offers, counterfeit NFTs, and pump-and-dump schemes. These scams can result in losing money, personal information, or even your original artwork. Therefore, it is important to be careful and vigilant when dealing with NFTs.

Here are some tips on how to avoid NFT scams:

  • Never click on suspicious links or attachments. Some scammers may send you emails or messages with fake offers or requests related to your NFTs. They may try to trick you into clicking on a link or opening an attachment that can compromise your account or wallet information. Always verify the source and the URL of any communication you receive about NFTs.

  • Never share your password or seed phrase. Your password and seed phrase are the keys to your cryptocurrency wallet and your NFTs. If you share them with anyone or any website, you may lose access to your funds and assets. No legitimate platform or service will ever ask you for your password or seed phrase.

  • Before investing in an NFT, verify the seller’s identity and history. Some scammers may create fake profiles or impersonate well-known artists to sell counterfeit NFTs. They may also use bots or fake accounts to inflate the price or popularity of their NFTs. To avoid falling for these scams, you should always do some research on the seller and the NFT before making a purchase. You can check their social media accounts, their previous sales, their ratings and reviews, and their authenticity certificates.

  • Use a reputable and secure platform. There are many platforms and marketplaces where you can create, buy, or sell NFTs. However, not all of them are trustworthy or reliable. Some may have poor security, customer service, or quality standards. Some may even be fraudulent or malicious. To protect yourself and your NFTs, you should only use platforms that have a good reputation, a large user base, and a high level of security. You can also use a VPN service to encrypt and anonymize your traffic when accessing these platforms.

  • Keep yourself updated and informed. The NFT space is constantly evolving and changing. New trends, technologies, opportunities, and threats may emerge at any time. To stay ahead of the curve and avoid missing out or falling behind, you should keep yourself updated and informed about the latest developments and news in the NFT world. You can follow reputable sources, experts, influencers, and communities that share valuable insights and information about NFTs.

Photographs by Samantha Zyluk

As I said at the beginning a lot of this work is "cut and Paste" with some personal comments. But rather than rely on my interpretation of descriptions I would rather use definitions that I can rely on.

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