Background[ edit ] Copyright came about with the invention of the printing press and with wider literacy. The English Parliament was concerned about the unregulated copying of books and passed the Licensing of the Press Act which established a register of licensed books and required a copy to be deposited with the Stationers' Companyessentially continuing the licensing of material that had long been in effect. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia.
Get a design Copyright has never been an easy, black-and-white kind of issue. Art Rogers — ; Polychrome: Jeff Koons — both via The Design Observer Group Case Photographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for use in greeting cards and similar products.
Koons sold several of these structures, making a significant profit. Upon discovering the copy, Rodgers sued Koons for copyright.
Koons responded by claiming fair use by parody. Koons was forced to pay a monetary settlement to Rodgers. Significance This is one of those famous cases that encompassed a larger issue in the art world, the issue of appropriation art. And if you do so, does that constitute derivative work?
It also brought up the issue of photography as art, was photography just a documentation of the world, or is it a creative and artistic product? Neither of these issues was entirely answered by the case, of course, but it has also become a reference used in many cases afterward.
You can parallel this with vector-tracing a photograph for your design. Are you creating a derivative work that subtracts value from the original artist?
The Associated Press vs. Outcome The artist and the AP press came to a private settlement in Januarypart of which included a split in the profits for the work.
On 99designs you cannot use licensed work — but in the right circumstances you can use stock imagery. When doing so, make sure everyone knows the source.
Patrick Cariou — ; Adaptation: Richard Prince — both via artnet Case Richard Prince is a well known appropriation artist — one who transforms the work of others to create new meaning in his own work.
For an exhibition in the Gagosian Gallery, Prince appropriated 41 images from a photography book by French photographer Patrick Cariou, claiming fair use that he created new meaning out of the photographs.
However, the case is currently in appeal and the final decision has not yet been reached. Significance The initial ruling in this case in favor of Cariou has created huge divisions in the artistic community.
The jury is still out on this one. You have to make sure you are creating something original and not derivative.
Read more about the decision as well as the 5 pieces which are still under review by a lower court in The New York Times and Hyperallergic. Modern Dog Design vs. Modern Dog — ; T-shirt: Target both via Business Insider Case Seattle design firm Modern Dog utilized a series of sketches of dogs in their compendium put out by Chronicle Books in Significance The Modern Dog case has brought to light a question burning in the mind of many designers and artists — what happens if a major corporation with many more resources than me, utilizes my artwork for profit?Perry v.
New Hampshire (), mtb15.com – The suggestive circumstances under which an identification was obtained must have been created by law enforcement.
In this case the witness simply asked for a description responded by pointing to her kitchen window and stating the suspect was standing in the parking lot next to a police officer. identification of trade secret claims is therefore necessary.
We will organize the discussion by the stage of the case, the type of information at issue, and the skill with. Intellectual property is the area of law that deals with protecting the rights of those who create original works. It covers everything from original plays and novels to inventions and company identification marks.
The Congress shall have Power [ ] to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
Often seen as the first real copyright law, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by the Convention.
This was a special provision that had been added at the time of revision of the Convention. However, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights.
The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified.