In a case involving rock band Adam and the Ants, three stripes of greasepaint applied to the face of a member of the band were held not to be a painting, and moreover to fail the originality test 2. Mere copying is not always easy to assess in the context of an artistic work.
In the Bridgeman Art Library case, in , a US court decided that photographs of paintings were not original, as they were mere copies of the paintings 3. This case has not been followed in the UK, where it is generally believed that photography of painting is a skilled task and meets the requirements of originality, even though the purpose of the photographer is to produce a faithful copy.
Ideas and Principles Note that ideas and principles underlying a work are not protected. While Christo would be entitled to prevent someone from reproducing his wrapped chairs, he could not prevent another artist from making other wrapped works.
The idea of wrapping objects is not capable of protection. It is only the unique expression of the idea that is protected. Derivative Works It is possible for a derivative work to enjoy protection. By employing sufficient labour and skill or judgment in transforming an existing work into something new, a fresh copyright can be obtained in the new work.
It is necessary however to obtain the permission of the creator of the original piece, unless it is out of copyright. Many of the collages in the suite use postcards by John Hinde to create surprising new pieces, undoubtedly qualifying for protection — as long as they do not infringe the copyright of Hinde! Harpbond Inc. Corel Corp. Supp , Does a work need to be registered in order to enjoy protection? Copyright arises spontaneously on the creation of a work. There are no registration requirements.
Can you have more than one copyright in the same work? It is not the case that for each protected work, there is just one copyright. It may be true of an original painting, but in a recorded song, for example, there is a copyright in the music, another in the lyric and a third in the sound recording itself. In a film, there is a multiplicity of copyrights, all normally vested in different persons, at least at the point of creation. They are usually brought together by the producer and sold to the distributor of the film.
For how long does copyright protection last? Copyright protection in literary, dramatic, musical and artistic works lasts for the life of the creator and 70 years thereafter. For sound recordings, film, and broadcasts the term of protection is 50 years from the year of creation. Who owns the copyright? The first owner of the copyright in a work is the creator of the work, unless the work is created by an employee in the course of his or her employment, in which case the copyright belongs to the employer.
Misunderstandings as to ownership can arise when a work is commissioned. Commissioners often assume that because they paid for the work, they own the copyright.
This is not the case. The copyright remains with the artist, unless it is assigned to the commissioner in a written agreement. However, case law in this area is developing the idea that by virtue of the contract between the parties, the commissioner will have at very least the right to use the work for the purpose for which it was commissioned, and may have a much wider set of rights. It is therefore prudent to spell out the position concerning ownership in a written agreement when the terms of the commission are being settled.
Another common misunderstanding concerning ownership involves making the distinction between the ownership of the piece of work, and the copyright in the work. Artwork is unlike other works, in that the primary act of exploitation is not usually publishing or recording, but sale of the original piece. It is not generally understood that when a work is sold, while the original piece passes to the purchaser, the copyright does not. Many infringements of the copyright in artworks arise innocently, because the purchaser of the work is unaware of this fact.
What does copyright ownership imply? The copyright owner is legally entitled to prevent any third party from:. What are Moral Rights? Long part of European law systems, the theory underlying them is that the creation of a work is a unique expression of the personality of the creator, who should continue to enjoy a certain nexus or connection with the work, even after the economic rights in the work have been transferred to a third party. These rights may not be assigned by the author or creator to any third party, although they can be waived in writing.
They last for the copyright period and can pass under the Will of the artist. They do not apply to the works of an artist who died prior to the commencement of the Copyright and Related Rights Act , viz. What are the exceptions to copyright protection? The law permits some uses of protected works without permission of the copyright owner. The most relevant exceptions, for an artist, are the following:. Insubstantial uses are therefore indirectly exempt.
Unfortunately every case must be judged on its merits, and so it is not always easy to determine precisely how much of a protected work can be used without permission.
To say on the safe side of this issue, the amount of the work used should be insignificant. Fair dealing : Under certain conditions, it is permissible to use a work for one of the following three purposes:. The use of the work in those circumstances would be regarded as incidental. There are a small number of copyright exceptions peculiar to works of art. These are the following:. Public works: A building, a sculpture, a model for a building and a work of artistic craftsmanship, when situated in public or in a place open to the public, may be reproduced in two dimensions; photographed; filmed or broadcast, without infringing the copyright.
In addition, those reproductions can be made available to the public including by sale without permission. You may not however create miniature replicas of it for sale without infringing the copyright.
Advertising artistic work: A work may be reproduced in order to advertise its sale. It is this exemption that enables auction houses to publish glossy sales catalogues of art works. Lawful Reuse. Creative Process. Going for a Song.
Getting Permission. Legal Access. News Reporting. Private Copying. Orphan Works. The Game is On! Episode 1. Episode 2. A-Level Media Studies. Prompt one. Prompt two. Prompt three. Become a subscriber to get great discounts and access the full range of our legal services. What is copyright? Copyright exists automatically once you create a work and is free. It enables you to: control your work get money for your work Copyright can be owned by anyone who creates a work, including: visual artists musicians writers video and film makers performers Copyright gives you: ownership rights relating to your work automatic and free legal protection as soon as you create your work the support of Australian and international laws Copyright does not protect ideas and styles.
You have the right to: reproduce or copy your work communicate your work to the public, for example by broadcasting TV, radio , by email or on the internet publish your work perform your work adapt your work Other people need your permission to do any of these things, even if they have bought or own the original work.
Copyright protects the following categories of creative works: Artistic works paintings drawings engravings photographs sculptures installations cartoons and graphic art craftwork maps and plans Dramatic works choreography theatre plays screenplays mime Musical works melodies tunes compositions Literary works material in text form short stories or novels poems song lyrics scripts letters or articles in a newspaper reports Sound recordings compact discs CDs tapes digital recordings Broadcasts television radio internet podcasts films This protects the visual images and sounds in films, videos and DVDs, including short films feature films documentaries corporate or training videos Licences For someone to use your work, you must first give them your permission.
When you give permission to use your work, you should use a written licence. If a theatre director wants to use your painting for the set of a play, or a composer asks to use your poem for a song you would ask them to draft a license or contract. You can learn more about this in the What is a Contract? Copyright infringement A copyright infringement is when someone does not ask your permission before using, changing or showing your work for the first time.
Learn how to protect yourself against a copyright infringement in Taking action: what are the legal steps? Summary Copyright automatically gives you, the creator of a work, legal protection and is free. It shows that your work is protected. Copyright lasts for your lifetime and up to 70 years after your death. Nobody can use or change your work, unless you say they can. If you say that someone can use your work, or if someone says you can use their work, it is best to make a contract in writing.
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