Category Archives: Copyright

Copyright in AI works – what can we learn from our forebears?

Posted on: November 14, 2018 by Emily Gould

  Readers of this blog will have seen the post last week about Portrait of Edmond de Belamy, a piece of computer generated art created by the Obvious Collective through Artificial Intelligence, which recently sold at auction for USD 432,500. Amongst the challenges posed by AI technology for copyright law, is the question of how […]

Art, AI and copyright

Posted on: November 9, 2018 by Alexander Herman

A big splash was made when a lot sold at Christie’s New York last month for $432,500. That sort of amount is usually small change for the major international auction house, but not when it comes to a particular sort of artwork: one made by artificial intelligence (or AI). In fact, this was reported to […]

Art and Copyright: what can we learn from the past?

Posted on: October 29, 2018 by Emily Gould

Who does the modern law of copyright seek to protect? We are familiar today with the claim that artistic copyright protects artists and, perhaps, users of copyright works. Roll back 150 years, to the nineteenth century, and artistic copyright was also understood in a number of other ways, which are long forgotten today. For instance, […]

Museums and the Revised Digital Single Market Directive

Posted on: October 2, 2018 by Holly Woodhouse

On the 12th September 2018, the European Parliament adopted its revised negotiating position on the Digital Single Market Directive, including the controversial internet ‘link tax’ and ‘upload filter’, whilst adding some safeguards to protect small businesses and freedom of expression. Significantly, there are parts of this proposal that can have an impact on the museum world in […]

Ticking Away: Christian Marclay’s The Clock and Copyright Law

Posted on: September 12, 2018 by Alexander Herman

A stern-looking man with a gun turns towards a metallic device mounted on the wall. He places one hand on the device’s handle and checks his watch. It is 12.04. Next we see an analogue clock hanging above a presenter reading the BBC radio news into a microphone. The time on the clock reads 12.05. […]

The V&A’s ReACH programme

Posted on: February 28, 2018 by Alexander Herman

We were fortunate enough to be able to take the students from the LLM programme in Art, Business and Law to the V&A to hear the museum’s in-house solicitor, Anthony Misquitta, speak about the various legal issues faced by the institution on a daily basis. This covered things like copyright and digitisation, trade mark issues […]

The Impact of Brexit on IP in the UK

Posted on: February 9, 2018 by Holly Woodhouse

The current intellectual property framework in the United Kingdom is underpinned by various international agreements, but is fundamentally shaped by EU Directives transposed into UK law.  With the Government yet to outline how transposed EU law will operate within the UK following the repeal of the European Communities Act 1972, the fate of the UK’s […]

Banksy’s Paint Pot Angel, legal rights and the art market

Posted on: January 19, 2018 by Alexander Herman

An interesting story has made it out of Bristol, the home city (apparently) of the elusive street artist Banksy. Back in 2009, Banksy had collaborated with the Bristol Museum and Art Gallery on an exhibition called Banksy versus Bristol Museum. In true Banksy style, it featured a burnt-out ice cream van on the Museum’s front […]

An important step towards asserting graffiti artists’ rights

Posted on: November 21, 2017 by Emily Gould

A recent finding of a jury in a Federal District Court in Brooklyn, New York City,[1] has opened the door for greater protection for graffiti artists. At the core of disputes between graffiti artists and the real property owners their works adorn often lies the age-old debate as to whose property rights prevail: those of […]

Public domain and the internet

Posted on: May 24, 2017 by Alexander Herman

A number of issues arise when we use images of artistic works online. Here, I am referring to copyright and to the specific treatment of images of older works that may – or may not – have fallen into the public domain. Of course, once copyright has expired in a work, that work will enter the public […]