The rights clause is the part of an open call that can outlast the call itself. An entry fee is spent once; a licence you granted in 2026 can still be operating in 2036. It is also the clause artists most often skip, because it sits in the terms rather than on the page they were reading.
What a reasonable clause looks like
A well-drafted call keeps copyright with the artist and takes a narrow licence to do a specific job. In plain terms it says: you keep copyright; we may reproduce images of selected work to promote this call, this exhibition and our organisation; we will credit you; this permission lasts a stated period or as long as the archive of the exhibition exists.
That is proportionate. The organiser cannot promote a show without showing the work in it, and nothing in that grant stops you licensing, selling or reproducing the work yourself.
The four things to read for
Scope. Promotion of this call and exhibition, or "any purpose"? The second is not a promotion clause.
Exclusivity. Non-exclusive permits other licensing of the same rights. Exclusive restricts the specified uses within its agreed scope, territory and period. Exclusivity should be rare, brief, specific and paid for.
Sublicensing and transfer. Can the organiser pass the licence to sponsors, partners or a platform? A licence that can be handed onward is much broader than it first appears.
Duration. "In perpetuity" is common for archival use and is usually acceptable when the scope is narrow. It is not acceptable when the scope is wide.
The clauses that should stop an application
The following terms deserve a deliberate decision and, where needed, advice before agreeing.
- Assignment of copyright as a condition of entering, rather than as a negotiated part of a commission.
- Commercial exploitation or merchandising rights granted for free.
- Exclusivity with no end date, which can prevent you exhibiting or selling your own work.
- A right to alter or crop without approval, particularly where moral rights are weak.
- Retention of rights in unselected proposals, which appears in badly drafted commissioning documents and means your unpaid design work becomes theirs.
Separate the rights before assessing the clause
An artwork agreement can deal with the object, images of it and additional uses separately. The U.S. Copyright Office explains that ownership of an object is distinct from copyright ownership. That is a US legal reference; the governing law and contract still need to be identified for your own agreement.
| Term | Question it answers | Detail to clarify |
|---|---|---|
| Physical ownership | Who owns the original object? | Sale, donation, loan or return after exhibition |
| Reproduction licence | Who can copy or display an image? | Purpose, channels, duration and credit |
| Exclusivity | Can the same rights be exercised or licensed elsewhere? | Which uses, territory and period are exclusive |
| Sublicensing | Can the recipient authorise another party? | Named partners and the permitted onward purpose |
Do not read one reassuring sentence in isolation. A clause saying the artist retains copyright can sit beside a broad licence permitting extensive commercial use. Retaining ownership does not necessarily mean the permissions granted are narrow.
Read an example clause by its practical effect
Consider an illustrative permission, not a contract template: the organiser may reproduce images of selected work on the exhibition website, in its catalogue and in press material about that exhibition, with credit, and retain those materials in an archive.
The questions are now concrete. Does the licence apply only to selected entries? Does the archive permit continued advertising of unrelated services? Can sponsors reuse the images? Can the work be cropped or altered? Who approves a new commercial use? A useful clarification describes the use rather than merely promising to be reasonable.
Compare that with permission for any purpose, in all media, transferable to any third party. The second description reaches beyond the immediate exhibition even if both clauses say non-exclusive. Ask for the wording you can accept before entering or signing, and seek advice appropriate to the relevant jurisdiction when the consequences are substantial.
Save the terms with the call name, version or access date, and any written amendment. If an image later appears somewhere unexpected, compare that use with the permission actually given. A record of the accepted wording is more useful than a current webpage that may have changed.
What about moral rights?
Moral rights — to be identified as the author and to object to derogatory treatment of the work — exist in most jurisdictions but differ sharply in strength, and in some they can be waived by contract. A waiver buried in entry terms is worth noticing, because it is the protection that survives when the economic rights have been licensed.
Does entering a competition transfer ownership of the physical work?
No, unless the terms say so. Some prizes are purchase awards, where the prize money buys the work outright — that is legitimate and should be stated plainly. Read whether the award is a prize or a purchase.
What if the organiser wants to keep a work?
Some programmes require a donated work as a condition of participation, particularly residencies and some competitions. It is a real cost, and it belongs in your calculation of what the opportunity actually costs.
Can you negotiate the terms?
For an open call, rarely — the terms are the same for everyone. For a commission or a purchase, yes, and it is expected. The place to raise a clause is before signing rather than after.
Who owns work made during a residency?
Usually the artist, but read the agreement. Some programmes claim rights to document and reproduce work made on site, and a few claim more. Where a programme is silent, ask.
When the rights question does not arise
Grant and fellowship applications rarely involve any licence beyond permission to name you as a recipient and reproduce an image for the funder's annual report. If rights clauses are the part of this field you find hardest to assess, the funded end of the index generally asks for far less than exhibition calls do.