Another informative reply:
> Conde 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. > 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:
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Reading the letter from Vogue, it's not at all clear what law they're relying on. Looks almost like a standard content-free threatening letter, with added grammar errors... If pushed - and it's a big if - they could possibly argue the *photographer's* moral right of integrity in the work. They seem to hint at this. Of course they don't have locus - only the photographer can bring such a case; and I'll have to check, but I bet Vogue asks its photographers to waive their moral rights (so they can manipulate away as in the Grace Jones pix...) BUT the right doesn't apply to work appearing in newspapers or magazines, or reporting current affairs; and if they succeeded in arguing that Vogue is or does none of the above they'd end up paying a fortune in extra subscriber postage! So all I (IANAL) can see for them to rely on is their trade mark in the word VOGUE. I'm tempted to suggest to Graham that he reworks or destroys the covers' banner too... Mike Holderness
Amalyah Keshet Director of Image Resources & Copyright Management The Israel Museum, Jerusalem www.imj.org.il Board of Directors, the Museum Computer Network www.mcn.edu --- You are currently subscribed to mcn_mcn-l as: [email protected] To unsubscribe send a blank email to [email protected]
