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By Simon Stokes

ISBN-10: 184113225X

ISBN-13: 9781841132259

ISBN-10: 1847311733

ISBN-13: 9781847311733

The one e-book to be had within the united kingdom and is the reason the felony place in appreciate of copyright in artworks.

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Extra resources for Art and Copyright

Example text

For a discussion of the two main theories underpinning copyright law (copyright as an economic incentive which advances social welfare versus the legal vindication of a person’s right to property in the fruit of their labour (natural law theory)) (which are discussed in Chap. 2) and the need for an interdisciplinary approach to the subject which gives due weight to the natural law theory, see A. C. Yen, “The Interdisciplinary Future of Copyright Theory” in M. Woodmansee and P. ), The Construction of Authorship (Duke University Press, Durham, NC, and London, 1994) (“Yen”).

20 This, of starting point when considering whether there has been infringement of an artistic work. Certainly it must be used with care—as Lord Hailsham commented (citing Prof. B. (Plastics) Ltd v. Swish Products Ltd [1979] RPC 551 at 629 (HL) which Lord Hoffmann also referred to in Designers Guild (at 2422)). Laddie et al. 43) (citing Lord Hailsham in Swish Products (at 629) (see above), and Astbury J in Austin v. Columbia Gramaphone Co [1917–23] MCC 398 at 408 and again in Vane v. Famous Players Film Co Ltd [1923–28] MCC 374 at 398).

2–04. Copinger distinguishes four major principles underpinning the copyright system: natural law, just reward for labour, stimulus to creativity and social requirements. In the author’s view two of these principles merge together: “natural law” and “just reward for labour”, being both classed as “moral rights” arguments. 7 D. Thomas, Copyright and the Creative Artist (Institute of Economic Affairs, London, 1968) at 27 (“Thomas”). The Copyright System: Its Justification and History 11 rights to the author is an incentive for the author to create.

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Art and Copyright by Simon Stokes


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