Full Description
The intellectual property protection afforded to works of art is receiving increased attention by artists,museums, galleries, auction houses, publishers and their professional staff and legal advisors, as well as by those teaching or studying copyright and/or the law of cultural property. Contemporary artists are pushing copyright law to extremes. The European Union is likely to soon formally adopt an artists' resale right (droit de suite) directive. The recent adoption of the digital copyright directive will also further strengthen the rights of artists as regards the exploitation of their works via the Internet. This is the first text to specifically examine in detail the intellectual property rights protecting artistic works and artists rights generally in the United Kingdom. The focus is on the UK but where appropriate other relevant jurisdictions are discussed. Recent European developments and the evolving UK case law in this area including the recent House of Lords decision in Designers Guild v Russell Williams are also addressed.The Internet and related intellectual property rights to copyright and moral rights are considered as well, including the law of passing off, breach of confidence, trade marks and domain name protection.
Contents
Part 1 Introductioncopyright system - its justification and history: justifications for copyright; history of copyright. Part 3 The modern law of copyright: background; UK law. Part 4 Moral rights and droit de suite: moral rights; implications of moral rights; moral rights in the USA; artist's resale right (droit de suite). Part 5 Art and the Internet - copyright, related rights and digitization: copyright in digitized works; copyright and computer-generated works; transitory copying and the Internet; transmission right; publication right; database right; implications of moral rights for the digital environment; copyright legislation and the digital future. Part 6 Some current issues: copyright in photographs; copyright and visual search engines - fair use and fair dealing in the on-line environment; modern art and copyright; aboriginal works. Part 7 Some practical issues: copyright in the context of art loans; copyright and setting up a website -acquiring and using image rights; the use of images in art books - the limits of fair dealing; copyright in commissioned art works. Part 8 Art and intellectual property rights other than copyright: breach of confidence; passing off; trade marks; domain names. Part 9 Conclusion: categories of "art" and the subsistence of copyright; appropriating the public domain - idea versus expression; the digital future.
