Intellectual property (IP) might sound like legal jargon best left to the experts, but for artists, it’s a fundamental tool of your trade. Whether you’re a visual artist, playwright, musician or designer, understanding and protecting your IP is key to securing recognition, income and legacy.
From commissions and collaborations to licensing and estate planning, here’s what every artist should know about managing IP.
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The IP clause in your contract matters more than you think
Too often, artists rely on verbal agreements or handshake deals when entering projects. It’s understandable – but risky. An explicit written agreement is the most reliable way to ensure you retain control of your work and how it’s used.
At a minimum, any contract should spell out:
- What work is covered by the agreement
- Who owns the resulting intellectual property
- Whether the agreement involves a licence (temporary use under specific conditions) or an assignment (permanent transfer of ownership)
- How the work can be used in future
Ideally, artists should aim to license rather than assign their IP, unless there’s a compelling reason not to. A well-structured licence can include royalties, future programming rights or geographic exclusivity terms.
An illustrative example: when a regional gallery commissions an artist to develop a new performance piece, the artist may retain ownership of the IP while granting the gallery a time-limited, Queensland-only licence to present the work. If the gallery wishes to reprogram, that agreement might include first rights for future seasons and a negotiated licence fee. Beyond those terms, however, the artist remains the owner of the IP.
Time spent refining contracts up front can save headaches – especially when organisations change leadership, restructure or dissolve entirely.
Collaborations around IP need clarity
Many creative projects are built on collaboration, but shared vision doesn’t guarantee shared understanding. When co-writers, performers, designers or producers are involved, IP management can become complex quickly.
Best practice is to establish a collaboration agreement before work begins. It should define:
- Who owns what aspects of the work
- How decisions about licensing or presentation will be made
- What happens if one person wants to take the work forward independently
Some groups choose co-ownership, where all collaborators are recognised as joint authors. Others nominate a lead artist or producer to hold the IP, with agreed terms around credit, attribution or usage.
One example: a collective working on a new devised work agrees to list all four makers as co-creators alphabetically. However, because one artist secured the funding and handles administration, they are designated the primary IP holder. In another version of the agreement, the group forms a partnership, with decisions about future use made by majority vote.
Whatever the model, clarity helps avoid conflict and ensures everyone’s contributions are valued.
Thinking long-term: securing your IP legacy
IP planning shouldn’t stop with the end of a project. Consider what happens to your work after you’re gone – or even once it’s archived.
Including IP in your will or appointing a literary executor can help ensure your work is managed in accordance with your values. This is particularly important for artists with large bodies of work or those whose creations have ongoing commercial or cultural significance.
Licensing agreements can allow others to access your work while still maintaining ownership. Meanwhile, keeping sound digital and physical archives, with clear documentation, means your legacy can be protected and understood by others.
Passwords and access protocols matter too – make sure someone knows how to retrieve your files when the time comes.
Read: What’s your time worth? A creative’s guide to charging fairly
Get help and advice on IP management
There are several key bodies designed to help with copyright and IP management.
Why IP management is important
Managing IP isn’t about being defensive or corporate – it’s about recognising the value of your creative labour. Strong agreements, clear communication and forward planning can protect your practice, partnerships and legacy.
For working artists, these aren’t just legal niceties – they’re creative tools in their own right.
