By Simon Stokes
The single ebook to be had within the united kingdom and is the reason the felony place in recognize of copyright in artworks.
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Additional resources for Art and Copyright
2–04. Copinger distinguishes four major principles underpinning the copyright system: natural law, just reward for labour, stimulus to creativity and social requirements. In the author’s view two of these principles merge together: “natural law” and “just reward for labour”, being both classed as “moral rights” arguments. 7 D. Thomas, Copyright and the Creative Artist (Institute of Economic Affairs, London, 1968) at 27 (“Thomas”). The Copyright System: Its Justification and History 11 rights to the author is an incentive for the author to create.
Isaac, Brand Protection Matters (Sweet & Maxwell, London, 2000) chap. 8 (“Isaac”). 10 Art and Copyright affect what people do and say and how they earn a living. 2 JUSTIFICATIONS FOR COPYRIGHT 5 The main justifications for copyright fall into three broad areas. 1 The Economic/Utilitarian Justifications for Copyright In Anglo-American copyright law economic arguments have been prevalent. 7 Therefore the grant of exclusive 4 See J. Waldron, “From Authors to Copiers: Individual Rights and Social Values in Intellectual Property Law” (1993) 68 Chicago-Kent LR 841 at 887 (as discussed in M.
This has resulted in a body of case law on copyright which, in some of its further reaches, would come as a surprise to the draughtsmen of the legislation to which it is supposed to give effect” (Autospin (Oil Seals) Ltd v. Beehive Spinning (A Firm)  RPC 683). Indeed this comment of Laddie J highlights a major difficulty with the misappropriation justification: there are no inherent checks and balances in its application (unlike the utilitarian argument where the incentive to create is balanced by granting copyright for a limited term and the development of fair use and other limiting doctrines such as the idea/expression dichotomy, and the natural law argument where a public domain element needs to be preserved on the basis of Locke’s famous proviso)—see Joyce at 67 and n.