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Community Arts Council
Legal Aspects of ArtJune 29, 2016
Douglas B. Thompson – THOMPSON COOPER
Display Scenario #1
You sell your paintingYou later discover that prints of your painting
are being sold
Answer Display Scenario #1
Artist retains copyright after sale of painting
Transfer of Copyright
requires written assignments. 13(4)
Display Scenario #2
You see an advertisement of a public exhibition of your art
This is the first you have heard of it
Answer Display Scenario #2
Copyright includes the sole right
to present a public exhibitions. 3(1)(g)
Display Scenario #3
Your Sculpture is installed in a shopping center
You discover that they have “dressed” your sculptureBy placing a funky hat on it’s head and a Hawaiian shirt
Answer Display Scenario #3
An Artist has “moral” rightsIncluding the right to maintain
“the integrity of the work”s. 14.1 (1)
Display Scenario #4
Your painting is in a public exhibition (with permission)
A fellow artist reproduces your painting and is now offering it for sale
Answer Display Scenario #4
Reproducing your painting
Infringes your copyrights. 3(1)
Display Scenario #5
Your Sculpture is installed in a public building
You discover that people are making and sellingpaintings, drawings, and photographs of your Sculpture
Answer Display Scenario #5
Making paintings, drawings or photographsof Sculpture permanently situated in a public place or building
Exception to copyright infringements. 32.2(1)(b)(ii)
Display Scenario #6
You sold some floral paintings to a woman who makes and sells scarves
You discover she is using portions of your paintingsas prints on her scarves
Answer Display Scenario #6
It is infringement to reproducea “substantial” part of an artistic work
“in any material form whatsoever”s. 3(1)
Subject Matter Selection Scenario #1
You discover there is a demand for drawings and paintings
of public buildings
Answer Subject Matter Selection Scenario#1
Paintings, drawings or photographs of “architectural” works
Exception to copyright Infringements. 32.2(1)(b)(i)
Subject Matter Scenario #2
You like the artistic works of a particular artist (now deceased)
You decide to reproduce some of those artistic works
Answer Subject Matter Scenario #2
Copyright survives deathHowever it has a time duration
If artist dead less than 50 years – you have a problemIf artist dead more than 50 years – copyright has expired
Note: 50 years being extended to 70 years
Subject Matter Scenario # 3
Another artist is drawing harbour scenes in a particular styleHer paintings are selling well (yours are not)
You immediately decide to adopt that art styleAnd do harbour scenes
Answer Subject Matter Selection Scene #3
Copyright Infringement Does not extend to artistic styles
(assuming the harbour scenes differ)
Subject Matter Scenario #4
You discover that the other artist’s artistic styleis more difficult than you thought
You attend a public exhibition of the artist’s workand try to reproduce some of the work
These paintings are not for sale, you are just learning the artistic style
Answer Subject Matter Scenario #4
Private Study is a “fair dealing” exception to copyright
s. 29
Subject Matter Scenario #5
You are about to throw your “private study”works of art away
A passerby is astounded you would dispose of themasks if he can have them
Answer Subject Matter Scenario #5
The private study exception is lostif you give the reproduction away
s. 29.22(d)
Subject Matter Scenario #6
You paint a harbour scene looking toward the Empress
Another Artist accuses you of infringement
Even you have to admit the paintings look very similar
Answer Subject Matter Scenario #6
Copyright infringement requires “copying”
independent creation is a complete defence(Judge must believe that similar scene just coincidence)
