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272 | Journal of Intellectual Property Law & Practice, Vol. 1, No. 4
| ARTICLE
Art and copyright: some current issues1
Simon Stokes*
1. The perennial conflict
IP lawyers increasingly have to advise on issues
relating to art. This trend is encouraged by the peren- Key issues
nial conflict between art and copyright—a conflict While the law relating to the protection of art-
between stimulating and rewarding creativity by pro- istic works through copyright remains relatively
viding legal protection and ensuring there is a public static, artistic conceptions and their execution
domain the artist can quarry from. It is also encour- are in a state of constant flux, demanding regu-
aged by the influence of contemporary art on other lar reassessment of the efficacy of copyright law.
mercial activities such as advertising
Recent developments in art have resulted not
campaigns and popular culture generally. This paper
just from the employment of fresh visual con-
seeks to draw attention to the current debate and
cepts but from the employment of new tech-
alert practitioners to trends and developments in
nologies relating to the creation, storage, and
this area.
manipulation of images. For this reason the art-
Like other copyright owners, artists want to benefit
ist must consider not only whether a work of
from the economic rights copyright gives them in
art is protected by copyright but also whether
their works: by seeking royalties for the reproduction
it infringes copyright in the works of others.
or distribution of their images, or once the UK has
implemented the Artist’s Resale Right Directive,2 Bodies of law other than copyright are also
through a share in the proceeds of the resale of their highly relevant to artistic copyright today.
works, droit de suite. In addition to an economic These include the law of trade marks passing
return, artists may also want acknowledgement—for off, and human rights l