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Download e-book for iPad: Art and Copyright by Simon Stokes

By Simon Stokes

The single publication to be had within the united kingdom and is the reason the felony place in appreciate of copyright in artworks.

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20 If such an assignment of copyright is sought this should be agreed in writing. 90(3) CDPA) and signed by the owner. Copyright is also transmissible on death by testamentary disposition. 21 Whether the work is protected by copyright, and who owns the copyright, may be difficult questions to answer. For example, when Churchill College, Cambridge, acquired some of Sir Winston Churchill’s personal papers a few years ago with a controversial £12 million grant from the National Lottery,22 it acquired physical title to the papers but not the copyright: copyright in Churchill’s personal papers was kept by the Churchill trustees; copyright in the State papers (which were also given to the College by the Government at the same time) was kept by the Crown.

6 It is submitted that the growing relationship between the “fine arts” and copyright, including the development of artists’ moral rights, the permitted scope of appropriation in copyright law, the copyright protection of modern art, and the challenges of digitisation and the Internet, points to the need for a UK text exploring this area. Although this book is not specifically concerned with the law of jurisdictions other than the UK, the international nature of the area means that it is often helpful to note the approach taken in other major jurisdictions.

Russell Williams, discussed in Chap. 3. g. pre-CDPA photographs—see Copinger para. 5–02. 19 S. 202: [o]wnership of a copyright . . is distinct from ownership of any material object in which the work is embodied. This section was introduced following Pushman v. New York Graphic Society Inc. 287 NY 302, 308, 39 NE 2d, 249, 251 (1942) which held that transfer of ownership of an unpublished work transferred the common law copyright in the work as well (D. M. Millinger, “Copyright and the Fine Arts” (1980) 48 Geo Wash L Rev 354 (“Millinger”) at 365).

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