Copyright Law and Modern Art: A Strained Relationship
This is the skeleton to an exam question on copyright and modern art.It is a 1.1 standard.
Copyright refers to the laws that regulate the use of the work of a creator. The relevant lawon the matter is the Copyright and Related Rights Act 2000, as amended. This act affordscopyright protection to artistic works, musical works, literary works and dramatic works.Artistic works are protected by Section 2(1) of the 2000 Act. The act contains a list of what iscovered by the term, stating that an artistic work is one including the set list, thus creating abroad interpretation of what is defined as a an artistic work. What is important to note isthat there is no requisite for artistic skill as was held in the cases of
Interlego v Tyco(1988).
A musical work is defined as “…a work consisting of music, but does not include any wordsor action intended to be sung, spoken or performed with music” by Section 2(1) of the 2000
act.A dramatic work must contain dramatic scenery or dramatic effect to constitute a workunder this heading.Finally, literary works are also protected by the 2000 act. S.22 defines a literary work as a
work “…which is written, spoken or sung.” So for example speech
is protected by the 2000act. S.18 notes how some degree of fixation is required for a literary work, musical work or adramatic work. This need for fixation does not apply to artistic works, but stokes is of the
opinion that a similar requirement may be “…demanded by the courts.”
It is of great importance to note that for any of the above works to be protected they mustbe original. There is, unfortunately, no definition of what constitutes originality but theleading case on the matter is
Gormley v EMI Records ( Ireland ) Ltd (1999).
here was whether or not the words in the plaintiffs story ‘and then there were twelve’