Tyler Ochoa has provided some interesting information on this (scroll down).
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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
See also: http://www.grahamdolphin.co.uk/vogue.html
My question: did the artist require the publisher's permission at all?
Is there an equivalent to the First Sale Doctrine in the UK? The
works
are apparently collage; they do not *reproduce* the magazines:
Untitled (Vogue, February 2000- Dust)-2001
Magazine, vacuum cleaner bag contents, glue
Untitled (Vogue, November 2000- Hair) 2001
Magazine, human hair, glue
Amalyah Keshet
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I do not express any opinion under U.K. law. Under U.S. law, the
collage could be considered a derivative work of the cover. The
question then becomes whether a derivative work is infringing even if it
does not reproduce or publicly perform the work, and even if the public
distribution and public display rights are not infringed because of the
first sale doctrine. The argument is that mere "preparation" of a
derivative work infringes even if it is not subsequently reproduced,
distributed, performed or displayed. Lee v. A.R.T. Co. (7th Cir. 1997)
dodged the issue by finding that mounting the authorized, lawfully
purchased copy on a ceramic tile was not the preparation of a derivative
work because the image was not modified. Mirage Editions v. Albuquerque
A.R.T. Co. (9th Cir. 1988) found that similar conduct was infringing.
Even if the mere preparation of a derivative work infringes, there
would be a fair use issue, but "appropriation art" has fared poorly
under the fair use doctrine in the U.S. See Rogers v. Koons.
Tyler T. Ochoa
Professor and Co-Director
Center for Intellectual Property Law
Whittier Law School
3333 Harbor Blvd.
Costa Mesa, CA 92626
(714) 444-4141, ext. 243
(714) 444-1854 (fax)
[email protected]
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