Our Art Law Guide

Get six things clear, in writing if you can:

• Who is paying you: the person or company, not just the brand or staff member. Get their details or company registration.
• What you are supplying, and what is not included.
• Money: fee, deposit, due dates and which costs are covered.
• Dates: delivery, installation, approvals and collection.
• Rights: who will own the work and how it may be used.
• The way out: what happens if either side cancels.

If they will not send an agreement, email a short summary and ask them to confirm it. Then ask the three questions about each important promise.

Yes. No signed contract does not end the matter. Messages, emails and conduct can show what was agreed, though they do not guarantee a result.

Save the whole chat with attachments and voice notes, not only screenshots. Keep the original device or account and a backup. Note who you dealt with and their role, and keep your files, delivery records, invoices and receipts. Then write a simple timeline of what was agreed, delivered and disputed. If you need to clarify something, ask a neutral question. Get advice if they deny who agreed or messages go missing.

There are four separate questions: the physical piece, the copyright, permitted use and credit.

Do not assume you keep the copyright. Under Malaysian law, copyright in commissioned work may pass to the person who commissioned it unless your agreement excludes or limits that, and assignments and licences must be in writing. Work you owned before the job is different, and selling a physical work does not by itself hand over its copyright. Being unpaid does not automatically mean you can withdraw permission.

Agree your credit expressly. You also have moral rights concerning being identified and certain harmful alterations, separate from ownership. Get advice before granting worldwide or permanent rights.

List each item: fee (if any), production, framing, transport, installation, travel, insurance and any talks. Ask which the organiser pays, estimate your money and time, and decide your limit. An unpaid exhibition can be a good choice if you make it knowingly; it should not hide costs or add unpaid duties.

You can ask to agree:

• Prices and commission: the selling price, the gallery’s share and whether discounts need your approval.
• Payment: when you will be paid, the sales statements you receive, which deductions are allowed, and that work leaves with a buyer only after the buyer has paid in full.
• Care and insurance: who is responsible for packing, transport, installation and storage, and what the insurance covers.
• Return: when, how and at whose cost unsold work comes back.
• Exclusivity: which works, locations and period any restriction covers.
• Image use: where and how the gallery may use images of your work.
• Changes or cancellation: what happens if the show is postponed, cancelled or the arrangement ends.

Keep a signed inventory and condition photographs. For each important promise, ask the three questions. A gallery’s agreement may not protect your interests. Get independent legal advice on the agreement before committing.

Compare the request with what was agreed. Fixing work that does not meet the brief is part of the job. Extra rounds or a new direction are new work. Before doing it, say so in writing with the cost and the new deadline, or offer to reduce something else. Do not assume silence is approval. If several people comment, ask for one person to sign off.

You can ask. What you are entitled to depends on what was agreed and on the law. First find out whether the job is cancelled, paused or rejected for alleged poor work. List the work done, stages delivered and costs you cannot undo, avoid further spending, and propose a written close-out. Calling a payment a “deposit” or “non-refundable” does not settle whether you keep it. Get advice for large costs, a refund demand or a disputed rejection.

A general warning does not settle what finish was agreed. The approved samples, the accepted order and who approved it matter.

Ask for the specific items, quantities and photographs, and how each differs from what was approved. Keep your samples, the rejected pieces and batch records. Offer an inspection in consistent lighting and propose what repair or replacement is possible. Ask for payment of any amount not in dispute.

A later wish for factory-uniform colour is different from a failure to meet what was agreed. Variation in appearance does not excuse short quantities or late delivery. The law on sale of goods differs between Peninsular Malaysia and Sabah and Sarawak. Get advice for a large batch rejection, threatened deductions or claims for event losses.

Check the due date, any invoice or purchase-order step, and how the amount was worked out. Ask for the reason and a breakdown of any deduction. Then send a dated written request stating the amount and a date to respond. If only part is disputed, ask for the rest now, and do not accept a “full and final” settlement without advice.

If you were engaged through an intermediary, do not assume their client’s late payment excuses them. Get advice promptly if the payer seems to be disappearing or insolvent.

(a) Make sure people are safe and stop further damage.

(b) Photograph the work, packaging and conditions; keep the packaging and handover records.

(c) Tell whoever had custody, and any insurer, promptly. Policies often have short notice periods.

(d) Get a qualified assessment before any non-urgent repair, restoration or disposal.

Who pays depends on what was agreed, who had the work and what the insurance actually covers.

If you own the copyright, you can generally ask for an infringing use to stop. A photograph can reproduce your artwork even if someone else took it. First check that you own the copyright, whether you gave permission, and whether an exception applies. Showing work in public does not make every later use permitted.

Save the evidence first: dated screenshots, links and account names. Then ask in writing for removal by a set date. You do not have to offer a licence. A letter is not a court order. Platforms have their own copyright complaint routes, and removal is not guaranteed. Get advice promptly if printing, sales or a launch is imminent.

In Malaysia, copyright protection is automatic for works that qualify. You can notify MyIPO of your copyright, but notification is voluntary. Copyright can protect literary, musical and artistic works, as well as films, sound recordings and broadcasts. A literary, musical or artistic work must be original and put into a material form, such as a drawing, written text or recording. Copyright protects the way you express an idea. The underlying idea, general style or technique is outside that protection.

A name, short title or slogan on its own will generally fall outside copyright protection. An original logo may qualify for copyright as an artistic work. If you use a name or logo to distinguish your goods or services, you can apply to register it as a trade mark with MyIPO. You can file the application yourself if you live in Malaysia or carry on business principally here. Otherwise, you must appoint a registered trade mark agent.

Put in writing who will own the copyright in work you create for a client, and how each of you may use it. We can advise on copyright in your agreements and in disputes. For a trade mark application, consult a registered trade mark agent.

You may be eligible for LINDUNG Kendiri, PERKESO’s scheme for self-employed people. Its listed activities include artistic and graphic work. Eligibility requirements include Malaysian citizenship or permanent residence.

You need to register and pay the required contributions; a commission contract does not give you cover by itself. Keep your contributions up to date and keep your receipts. PERKESO states that protection starts from the date and time the contribution is paid and recognised on the receipt.

The scheme protects against qualifying work-related injuries and occupational disease, including qualifying travel for your work. It does not cover unpaid fees or damage to artwork. If an incident happens, get medical help, contact PERKESO promptly, and keep your medical records and evidence of the work or journey involved.

For current requirements, visit PERKESO’s website (https://www.perkeso.gov.my/en/our-services/protection/self-employed.html). Direct questions about eligibility, contributions or a claim to your nearest SOCSO office.