And another informative reply:
> Condé Nast, the publishing conglomerate whose titles include Vogue, > House & Garden, Vanity Fair and, since March, [the Tate Museum's] > magazine, Tate, has blocked the display of work by British artist > Graham Dolphin at the Barbican Centre in London. [...] > http://www.theartnewspaper.com/news/article.asp?idart=10455 [...] > My question: did the artist require the publisher's permission at all?
--------------
Under UK law there is no right to prevent the creation of adaptations (more or less equivalent to derivative works under US law) of an artistic work. I can't see a moral rights-based argument being successful. If the new moral rights provisions mean that artists can use moral rights to control how lawful copies of their work are used in a collage, it makes a complete mockery of the distinction between artistic works and other types of works with respect to adaptations! I can't see the conservative English courts venturing down that path although European courts may. There may be some trademark arguments but I don't think there is any serious suggestion that Conde Nast had endorsed the art work or indeed that the artist is using the Conde Nast trademarks as a mark in trade and commerce. For an article on parody and trademark see Gredley and Maniatis "Parody: a fatal attraction" [1997] EIPR 339. My suspicion is that permission was sought for one of three reasons: - Conde Nast is known to be litigious and apparently had already threatened the artist and nobody wanted the risk of an expensive trial regardless of the likely outcome; - the artist got bad legal advice; or - the artist (or exhibitor) knew permission would be denied and thought it would be a good publicity stunt. > Is there an equivalent to the First Sale Doctrine in the UK? The works > are apparently collage; they do not *reproduce* the magazines: The doctrine is called "exhaustion" in the UK. Under an EU directive, this applies for the first sale in the EEA but not outside the EEA: http://www.parliament.the-stationery-office.co.uk/pa/cm199899/cmselect/cmtrdind/380/38007.htm#a5 http://www.parliament.the-stationery-office.co.uk/pa/cm199899/cmselect/cmtrdind/380/38012.htm http://www.hugheshubbard.com/news/news_detail.asp?NewsID=32 -- | Tim Arnold-Moore, Ph.D., LL.B., B.Sc. (Hons) | AUSTRALIA
--- You are currently subscribed to mcn_mcn-l as: [email protected] To unsubscribe send a blank email to [email protected]
