This document provides an overview of copyright and artistic works. It discusses different types of intellectual property, basics of copyright including rights and exceptions, requirements for copyright protection of artistic works, and challenges around copyright enforcement both legally and online. Key topics covered include economic and moral rights, copyright infringement tests, the definition of an artistic work, requirements for copyright in artistic works, and resale rights for artworks.

1. C O P Y R I G H T A N D A R T
D R A N D R E S G U A D A M U Z , U N I V E R S I T Y O F S U S S E X

2. A P O L O G I E S …

3. … A N D A S T O RY

4. I N T E L L E C T U A L P R O P E R T Y
A N D C O P Y R I G H T

5. D I F F E R E N T
T Y P E S
• Copyright
• Patents
• Trade marks
• Passing off
• Designs
• Geographical indications
• Confidential information

6. C O P Y R I G H T
B A S I C S
• Limited property right that exists in
several types of works.
• Covers originality and creativity
• “Flows from the pen to the paper”.
No registration.
• Protects the expression of an idea,
not the idea.
• It is limited to the lifetime of the
author plus 70 years (with various
exceptions).
• Requires fixation.

7. T W O T Y P E S
O F R I G H T S
• Economic rights: Owners
have the exclusive right
to copy, rent, adapt,
perform, broadcast and
issue copies of the work
to the public.
• Moral rights: Rights
given to the author as a
person (subsist after sale).
Attribution, integrity, etc.

8. S U B J E C T
M AT T E R
• Copyright protects
original literary, dramatic,
musical or artistic works;
• sound recordings, films or
broadcasts, and the
typographical
arrangement of published
editions (can be non-
original).

9. A U T H O R S H I P
V O W N E R S H I P
• “Author in relation to a
work is the person who
creates it”.
CDPA s 9(1)

10. C O P Y R I G H T
I N F R I N G E M E N T
• Three elements:
1.Defendant carries an
exclusive act of the owner.
2.Defendant’s work is derived
from the copyright work
(causal connection).
3.The work, or a substantial
part of the work, has been
infringed.

11. E X C E P T I O N S
( FA I R D E A L I N G )
• Making a temporary copy.
• Research or private study.
• Educational use.
• Criticism or review.
• Reporting current events.
• Incidental inclusion of
copyright material.
• Parody.

12. A N D A W O R D A B O U T FA I R U S E

13. B L A N C H V K O O N S

14. A R T I S T I C C O P Y R I G H T

15. W H AT I S A R T ?

16. W H AT I S A N
A R T I S T I C W O R K ?
• (a) a graphic work, photograph,
sculpture or collage, irrespective of
artistic quality;
• (b) a work of architecture being a
building or a model for a building;
or
• (c) a work of artistic craftsmanship.
• Each category may have further
works, eg graphic work is (a) any
painting, drawing, diagram, map,
chart or plan, and (b) any
engraving, etching, lithograph,
woodcut or similar work.

17. R E Q U I R E M E N T S
F O R P R O T E C T I O N
• Original work.
• Fixed format.
• Identified author.
• If author(s) unknown, then it is
considered in a sort of limbo,
until author identified. Inferred
that anonymous authors can
remain anonymous, but
protection can begin after
author is known.

18. R E S A L E R I G H T
( D R O I T D E S U I T E )
• Exclusive right in some artistic works
to obtain royalties for the resale of a
piece of art in resale involving art
market professionals.
• "original work of art" means works of
graphic or plastic art such as pictures,
collages, paintings, drawings,
engravings, prints, lithographs,
sculptures, tapestries, ceramics,
glassware and photographs.
• Only for a narrow number of works
(€3000 EUR min threshold), with a
maximum cap of €12,500 for every
single sale.

19. A F E W L E G A L
D E F I N I T I O N S
• “It is I think of importance that the
maker or designer of a thing should
have intended that it should have
an artistic appeal but I would not
regard that as either necessary or
conclusive. If any substantial section
of the public genuinely admires
and values a thing for its
appearance and gets pleasure or
satisfaction, whether emotional or
intellectual, from looking at it, I
would accept that it is artistic
although many others may think it
meaningless or common or vulgar.”
Lord Reid in Hensher v Restwaile

20. A F E W L E G A L
D E F I N I T I O N S
• “If it is asked whether works which
possess distinctive features of
design and skill in workmanship
or works which possessed
distinctive characteristics of
shape, form and finish or qualify
to be called artistic, I would say
that the word ‘artistic’ calls for
something additional and
different. If it is asked whether
there is artistry if there is an
appeal to the eye, I would say that
something more is needed. “ Lord
Morris in Hensher

21. L U C A S F I L M V
A I N S W O R T H
• “It would not accord with the normal use of
language to apply the term “sculpture” to a
20th century military helmet used in the
making of a film, whether it was the real
thing or a replica made in different material,
however great its contribution to the artistic
effect of the finished film. The argument for
applying the term to an Imperial
Stormtrooper helmet is stronger, because of
the imagination that went into the concept
of the sinister cloned soldiers dressed in
uniform white armour. But it was the Star
Wars film that was the work of art that Mr
Lucas and his companies created. The
helmet was utilitarian in the sense that it
was an element in the process of
production of the film.” Lords Walker and
Collins

22. E N F O R C E M E N T
Q U E S T I O N S

23. N O
R E G I S T R AT I O N ?
• Protect with other types of IP that
are registrable (designs, trade
marks).
• Have evidence of authorship
(witnesses, time-stamped
photographs, self-addressed
sealed envelopes).
• Self-registration.
• Register with the US Copyright
Office.
https://www.copyright.gov/
registration/

24. O T H E R
O P T I O N S
• No © sign needed for
subsitence, but it doesn’t
hurt.
• Usual format is © Name
(Year).
• Digital tools such as
watermarking or digital rights
management.
• Using social media to prove
authorship and date.

25. O N L I N E
E N F O R C E M E N T
• Actual copyright law is
decreasingly relevant as
creators try to protect their
work in various other ways.
• Platforms have become
copyright enforcers.
• YouTube now holds such
market power that it has
become a jurisdiction on its
own right.

26. G O I N G C O P Y R I G H T- L E S S ?

27. @ T E C H N O L L A M A
Questions!

28. R E F E R E N C E S
• https://en.wikipedia.org/wiki/Fountain_(Duchamp)
• https://flic.kr/p/7LZhjN
• https://flic.kr/p/2dTk3vS