Art and Copyright
3rd Edition
Published on 11. March 2021
Book
Hardback
304 pages
978-1-5099-3425-6 (ISBN)
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:
- The relationship between designs law and artistic works;
- EU and Brexit developments;
- AI-created works;
- graffiti and other non-conventional works;
- blockchain and rights management;
- orphan works;
- new exceptions to copyright; and
- digital copyright, art databases and online platforms.
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.
- The relationship between designs law and artistic works;
- EU and Brexit developments;
- AI-created works;
- graffiti and other non-conventional works;
- blockchain and rights management;
- orphan works;
- new exceptions to copyright; and
- digital copyright, art databases and online platforms.
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.
Reviews / Votes
Eminently useful ... The new edition of Stokes's classic work makes a welcome addition to any library. -- Alexander Herman, Assistant Director, Institute of Art and Law * The IPKat * An invaluable resource not only for practitioners who intend to delve into investigating the building blocks of artistic copyright and the established precedents but also for academics, researchers and students who seek inspiration for their research, as the book also covers non-conventional forms of expression, such as bio-art and land art. -- Dr. Basak Bak * Communications Law *More details
Edition
3rd edition
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 21 mm
Weight
622 gr
ISBN-13
978-1-5099-3425-6 (9781509934256)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Person
Content
1. Introduction
1.1. Background and Scope
1.2. Copyright and Art
2. The Copyright System: Justification and History
2.1. Introduction
2.2. Justifications for Copyright
2.3. The History of Copyright
3. The Modern Law of Copyright
3.1. Background
3.2. UK Law
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)
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 Environment
5.8. Blockchain, Art and Copyright Management
5.9. Art, Copyright Legislation and the Digital Future
6. Some Current Issues
6.1. Copyright in Photographs of Public Domain Artistic Works
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
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
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
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
1.1. Background and Scope
1.2. Copyright and Art
2. The Copyright System: Justification and History
2.1. Introduction
2.2. Justifications for Copyright
2.3. The History of Copyright
3. The Modern Law of Copyright
3.1. Background
3.2. UK Law
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)
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 Environment
5.8. Blockchain, Art and Copyright Management
5.9. Art, Copyright Legislation and the Digital Future
6. Some Current Issues
6.1. Copyright in Photographs of Public Domain Artistic Works
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
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
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
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