Commercializing the Digital Canvas: Renewing Rights of Attribution for Artists in the Networked Economy (original) (raw)
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Commercializing the Digital Canvas
2013 Fall Intellectual Property Symposium Articles
Over the past two decades, a series of trends in constitutional and intellectual property have significantly reshaped the impact of traditional intellectual property laws for the art community. Attribution of a work to the artist and protection of the integrity of a work from alternation are historical bedrocks of artistic protections, but those protections have been diminished for digital artists. The Visual Artists Rights Act excludes digital works from the definition of works of visual art, thus excluding these works from rights of attribution and integrity. At the time, rights of attribution and integrity were seen as quasi-trademark rights, and artists were protected under the Lanham Act. Since then, however, the Supreme Court has extended copyright’s preemption over trademark, undermining an artist’s ability to have non-contractual protections for the artist’s identity and integrity in a work. In addition, a second trend within the digital environment has created additional te...
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A brief introduction to artists activities on the Internet, in particular the Web, and their general view to copyright within the context of net connected media. It includes a profile of web sites exploring the possibilities Cyberspace holds for artists including the copyright approaches adopted by them. This paper, it should be noted, is largely a product of the sampling culture that prevails within Cyberspace.
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Online copyright law is a major issue for many in the creative industries. Independent artists often rely on sharing their work across social media and content-sharing sites, leaving them open to having their work stolen or misused. This paper discusses a series of 11 semi-structured interviews that examined attitudes towards copyright and attribution amongst webcomic artists, in relation to current copyright laws across the EU and internationally. Whilst artists are generally aware of the cover provided by copyright, they feel that it is not necessarily relevant or effective within the creative space they work in. There is very little support and there are few resources available to help them to fight for control of their work, and whilst artists do get angry about actual theft and removal of attribution, they accept that they have to put up with certain violations if they wish to continue to publish comics for free on the Internet. The paper ends by discussing potential solutions to the problems raised.
CONTEMPORARY ART AND ITS PROTECTION IN THE SCOPE OF COPYRIGHT LAW
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As time passes, world has changed and parallel to that, in our ‘contemporary’ era, today's art society is a far cry from yesterday’s. Post-modernism subverts both the traditional definition of art and norms that define copyright protection, it is getting harder to apply copyright law to the protection of contemporary artworks. Our study focuses on contemporary artworks as copyrighted works within the Turkish, the European Union and the United States laws. The first chapter of this thesis focuses on the contemporary art with its history, themes, issues and major movements. The second chapter focuses on explaining the scope of copyright and copyrighted work in the Turkish, the European Union and the United States laws along with relevant international agreements. The third and final chapter focuses on the copyright protection for artworks and legal issues related to contemporary artworks in the scope of copyright protection.