Protection afforded to artistic works in intellactual property law

Abstract

This dissertation examines copyright of artistic works. Reference will be made to the Berne Convention for the Protection of Literary and Artistic Works (1886) and the World Intellectual Property Organisation (WIPO) Treaties which were in turn reflected by European Union (EU) copyright law, directives and national legislations of Member States. A comparison will be made between the Civil law and Common law jurisdictions such as the United States of America (US) which emphasise aspects of copyright based on different philosophical justifications especially where moral rights are concerned. A thorough exposition of the artistic works which qualify for copyright protection will be made through case-law to show how the courts have applied the requisites of fixation and originality. Artistic craftsmanship and sculpture will receive special attention. The exceptions to copyright are assessed with particular reference to the doctrine of 'fair use' and the tensions that may arise between the public interest requirement and the rights of copyright holders who limit fair use through technological methods. An attempt will be made to show how internet technologies are influencing both the exploitation of copyright works and the rights of the authors themselves who may have to rely on producers of sites and other intermediaries, sometimes to the detriment of their moral rights. Particular reference will be made to the Information Society Directive (ISD) with its definitions of the communication, reproduction and availability rights. The privileged positions of Internet Service Providers (ISPs) will also be analysed especially after the introduction of a 'fourth step' that may limit fair use further. The standing of copyright, as it competes with other rights, is highlighted when copyright as a property right conflicts directly with fundamental freedoms such as privacy rights or competition law. Finally, possible changes to copyright law are discussed in order to achieve the balancing exercise, necessary to safeguard the rights of stakeholders - the entrepreneurs, the authors and the public interest.