Art and Copyright

Description

First published in 2001, Art and Copyright has established itself as a leading text in the field. Revised and updated, this third edition includes additional coverage of the following topics: This book remains an invaluable work for all those involved in art law and for intellectual property lawyers involved with the exploitation and/or sale of artistic works, as well as for intellectual property academics, researchers, law students, curators, publishers, artists, gallery owners, auction houses, and those developing and running online art platforms, databases and technology to transact in art. Preface and Acknowledgements Table of Contents Frequently Cited Material Table of Cases Table of Legal Instruments 1. Introduction 1.1. Background and Scope 1.2. Copyright and Art Suggested Further Reading 2. The Copyright System: Justification and History 2.1. Introduction 2.2. Justifications for Copyright 2.3. The History of Copyright Suggested Further Reading 3. The Modern Law of Copyright 3.1. Background 3.2. UK Law Suggested Further Reading 4. Moral Rights and Artist's Resale Right (Droit de Suite) 4.1. Moral Rights 4.2. Implications of Moral Rights and some UK Cases 4.3. Performers' Moral Rights and Performance Works 4.4. Moral Rights in the United States 4.5. Artist's Resale Right (Droit de Suite) Suggested Further Reading 5. Art, Technology and the Internet: Copyright, Related Rights and Digitisation 5.1. Copyright in Digital and Digitised Works 5.2. Copyright, Artificial Intelligence (AI) and Computer-Generated Works 5.3. Copying and the Internet 5.4. Transmission Right/Communication to the Public Right 5.5. Publication Right 5.6. Database Right and Art (and Art Market) Databases 5.7. Implications of Moral Rights for the Digital Environment89 5.8. Blockchain, Art and Copyright Management 5.9. Art, Copyright Legislation and the Digital Future Suggested Further Reading 6. Some Current Issues 6.1. Copyright in Photographs of Public Domain Artistic Works1 6.2. Copyright and Visual Search Engines: Fair Use and Fair Dealing in the Online Environment 6.3. Image Sharing, User-Generated Works and Online Artistic Collaboration 6.4. Modern and Contemporary Art and Copyright (Including Film, Video and Performances) 6.5. Orphan Works 6.6. Art, Originality, Infringement and the Development of EU Copyright Law 6.7. Brexit and UK Copyright Law Relating to Artistic Works 6.8. Freedom of Panorama 6.9. Traditional Cultural Expressions, Intangible Cultural Heritage and Copyright Suggested Further Reading 7. Some Practical Issues and Precedents 7.1. Collecting Societies/Collective Management Organisations (CMOs) 7.2. Copyright in the Context of Art Loans 7.3. Copyright and Setting Up a Website, Online Viewing Room and Using Instagram: Acquiring and Using Image Rights 7.4. The Use of Images in Art Books: The Limits of Fair Dealing 7.5. Transferring/Acquiring Copyright in Artistic Works: Commissioned Art Works and Moral Rights Waivers 7.6. Licensing Artistic Works and Creative Commons 7.7. Artist's Resale Right (ARR) in the United Kingdom: Practical Guidance 7.8. Copyright, Moral Rights and ARR Following the Death of the Artist 7.9. Copyright, Moral Rights and ARR Where the Artist is an Employee or Company Director Suggested Further Reading 8. Art and Intellectual Property Rights Other than Copyright 8.1. Breach of Confidence 8.2. Passing Off 8.3. Trade Marks 8.4. Domain Names 8.5. Privacy and Publicity Rights 8.6. Copyright and Freedom of Expression Suggested Further Reading 9. Conclusion 9.1. Categories of 'Art' and the Subsistence of Copyright 9.2. Appropriating the Public Domain: Idea Versus Expression 9.3. Art, Technology and the Future Suggested Further Reading Appendix: Precedents and Precedent Checklists Index