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INTELLECTUAL PROPERTY (COPYRIGHT)
Intellectual property, more commonly known as COPYRIGHT, is defined both under individual national laws, and international conventions, specifically the “Berne Convention (1886)”, the “Universal Copyright Convention (1952)” and the European Directive, “EC Directive 93/98” – which is more commonly known as the “Term Directive (1996)”. In the United States, national copyright legislation is defined under the “Copyright Statute (1976)”, in the UK the “Copyright, Designs and Patents Act (1988) applies. Most national copyright laws are based on the principals enshrined in the BERNE CONVENTION.
Intellectual property law is notoriously complicated and open to variable interpretation. It would be inappropriate to deal with specifics in a few paragraphs, as many significant differences can be found in the copyright protections offered by different countries. There are, however a number of common factors within most copyright legislations and it is worth briefly reviewing some of the basic principals of intellectual property law [ref].
• Copyright is a principal designed to automatically protect individuals and organisations that pursue new and original creative endeavours. Under the terms of the Berne Convention, copyright is automatically conveyed to the originator (ie artist). Unlike PATENTS, copyright ownership requires no formal registration.
• Copyright applies to essentially artistic endeavours, fine art, literature, music, drama, film and so on. Works of a typically industrial nature are covered separately by patent legislation, which typically requires inventions to be registered with a PATENT OFFICE.
• Copyright is protected for a fixed term, this can vary on a national basis, however most laws protect a work for the creators lifetime, plus a further period, usually either fifty or seventy years.
• Copyright legislation outlines what constitutes an infringement, as well as exceptions for matters of FAIR DEALING (such as certain educational purposes, review and critical analysis).
• In addition to the work itself, copyright usually recognises the protection of the work when represented in other forms, for instance a photographic or broadcast representation of a sculpture.
• Copyright also deals with ownership and attribution, moral rights, the transfer (ASSIGNMENT) of rights, infringement, infringement damages and a range of related intellectual property issues.
Artists are advised to familiarise themselves with the basic rights afforded to them by their country's copyright laws. If an infringement of their rights is suspected, artist’s should seek clarification. Legislation regarding residual rights (such as a payment to the originating artist based on the value realised of a ‘sold on’ work), is also being either drafted or implemented in various countries.
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