Tag Archives: exception

Copyright in America

Posted on: April 20, 2021 by Alexander Herman

Every so often, we take a peek at the copyright situation in the USA. There are many reasons for this. Stateside, art and copyright cases are more plentiful than in the UK (and much of the world), perhaps because there is more at stake financially or simply because the culture is more litigious. Additionally, the […]

To quote or not to quote – that is the question

Posted on: November 7, 2019 by Alexander Herman

As those who have followed our courses (especially our IP Diploma) will know, a big fanfare is often made about the possibilities of the ‘quotation’ exception introduced into UK copyright law five years ago. For institutions that are often users of copyright-protected material, like museums, galleries, archives and libraries, the new exception came with a […]

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. […]

Artists and user-generated content

Posted on: May 16, 2016 by Alexander Herman

My aunt, Gabrielle de Montmollin, a photographer and artist in Canada, is currently exhibiting her work in Toronto. I thought the show would be a good opportunity to discuss some of the copyright issues raised by her artistic approach. In particular, it serves as a way to explore a relatively new exception existing under Canadian […]

Upcoming conference: Recent Developments in Art and Cultural Property Law

Posted on: October 29, 2015 by Ruth Redmond-Cooper

We are happy to announce an upcoming one-day conference to be held in London on 28th November 2015 entitled Recent Developments in Art and Cultural Property Law (pdf flyer here). The conference will cover a number of new and exciting legal trends in the area involving: the new sentencing guidelines for heritage crimes the new Museums Association Code of […]

Tuymans settlement and copyright exceptions

Posted on: October 5, 2015 by Alexander Herman

It was announced last week that two Belgian creators had reached a settlement in a copyright dispute highlighting the role (and limits) of copyright exceptions. One was a photographer, Katrijn Van Giel, who had taken a photograph of Belgian politician Jean-Marie Dedecker that appeared in De Standard newspaper in 2010. It was a fairly unique shot: creatively cropped […]

Banksy’s Dismaland and the Power of Parody

Posted on: August 28, 2015 by Alexander Herman

Last week, the Banksy-organised theme park known as Dismaland opened in the English seaside town of Weston-super-mare, billed specifically as a place ‘unsuitable for children’. The park has already been reported and commented on thoroughly in the media, notably by The Guardian and in Boodle Hatfield’s blog, for its twist on traditional notions of amusement parks and family-friendly enjoyment. Here […]

No more personal copying… of artworks?

Posted on: July 21, 2015 by Alexander Herman

There was an interesting development last week in the area of copyright exceptions in the UK. A judge of the High Court quashed (i.e. nullified or rendered inoperable) the exception introduced by the Government last October through the Personal Copies for Private Use Regulations 2014. This is quite something. The courts, through judicial review, are overturning a governmental mechanism which had allowed […]

New ‘fair use’ guide for artists, art historians and art critics

Posted on: March 4, 2015 by Alexander Herman

For those intrigued, perplexed or in need of a practical guide on how to deal with that beast known as the ‘fair use’ exception in US copyright law, look no further. The College Art Association, the professional body of those who work in art, art history and art criticism in the United States, has just released its long […]