Art and modern copyright : the contested image / Elena Cooper.
2018
KD1320 .C66 2018 (Map It)
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Author
Title
Art and modern copyright : the contested image / Elena Cooper.
Published
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2018.
Copyright
©2018
Call Number
KD1320 .C66 2018
ISBN
9781107179721 hardcover
1107179726 hardcover
9781316846155 electronic book
1107179726 hardcover
9781316846155 electronic book
Description
xix, 282 pages, 12 unnumbered pages of plates ; 24 cm.
System Control No.
(OCoLC)1024236410
Summary
"This book is the first in-depth and longitudinal study of the history of copyright protecting the visual arts. Exploring legal developments during an important period in the making of the modern law, the mid-nineteenth to early twentieth centuries, in relation to four themes - the protection of copyright 'authors' (painters, photographers and engravers), art collectors, sitters and the public interest - it uncovers a number of long-forgotten narratives of copyright history, including views of copyright that differ from how we think today. As well as considering the distinct nature of the contribution of copyright to the history of the cultural domain accounted for by scholars of art history and the sociology of art, this book examines the value to lawyers and policy-makers today of copyright history as a destabilising influence: in taking us to ways of thinking that differ from our own, history can sharpen the critical lens through which we view copyright debates today"-- Provided by publisher.
"The first in-depth and longitudinal study of the history of copyright protecting the visual arts. Exploring legal developments during an important period in the making of the modern law, the mid-nineteenth to early twentieth centuries, in relation to four themes - the protection of copyright 'authors' (painters, photographers and engravers), art collectors, sitters and the public interest - it uncovers a number of long-forgotten narratives of copyright history, including views of copyright that differ from how we think today. As well as considering the distinct nature of the contribution of copyright to the history of the cultural domain accounted for by scholars of art history and the sociology of art, this book examines the value to lawyers and policy-makers today of copyright history as a destabilising influence: in taking us to ways of thinking that differ from our own, history can sharpen the critical lens through which we view copyright debates today"-- Provided by publisher.
"The first in-depth and longitudinal study of the history of copyright protecting the visual arts. Exploring legal developments during an important period in the making of the modern law, the mid-nineteenth to early twentieth centuries, in relation to four themes - the protection of copyright 'authors' (painters, photographers and engravers), art collectors, sitters and the public interest - it uncovers a number of long-forgotten narratives of copyright history, including views of copyright that differ from how we think today. As well as considering the distinct nature of the contribution of copyright to the history of the cultural domain accounted for by scholars of art history and the sociology of art, this book examines the value to lawyers and policy-makers today of copyright history as a destabilising influence: in taking us to ways of thinking that differ from our own, history can sharpen the critical lens through which we view copyright debates today"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
ebook version : 9781316846155
Record Appears in
Gift
Purchased from the income of the Murray Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Murray Fund
Table of Contents
Acknowledgements
x
List of Plates
xiii
List of Abbreviations and Archival Sources
xiv
Table of Cases
xvii
Table of Statutes
xix
1.
Introduction
1
2.
Art, Copyright and `Authors', Part 1: 1850--62
12
Art and the Taxonomy of Authorship
15
Painters, Engravers and Struggles for Artistic Status
15
Photography's `Allegory' of Mental and Mechanical Labour
17
Artistic Copyright and the Taxonomy of Authorship
20
Artistic Copyright Debates of the Late 1850s
22
Copyright Proposals of the Royal Scottish Academy, Royal Academy of Arts and Society of Painters in Water Colours
22
Society of Arts' Copyright Committee Chaired by Sir Charles Eastlake
23
Photography, Copyright and Oscar Gustav Rejlander's The Two Ways of Life
26
Society of Arts' Proposals of 1858 and 1859: Copyright and the Department of Science and Art
29
Artistic Copyright in the Legislative Sphere
32
Attempts at the Introduction of Legislation in 1859 and 1860
32
Copyright Bill 1861: David Octavius Hill and Copyright as Evidence of Artistic Status
33
Photography, Copyright and Portraiture
38
House of Commons' Bill of 1862: Time, Labour and Money
39
House of Lords' Debates of 1862: Photographs and Proof of Copying
42
House of Lords' Select Committee 1862: Originality and Photographs
45
Royal Assent: The Passage of the Fine Arts Copyright Act 1862
48
3.
Art, Copyright and `Authors', Part 2: 1862--1911
49
Law and Art in Adjudication after 1862
53
Painting and Engraving Copyright
53
Photographic Copyright: Graves' Case (1869)
55
Nottage v. Jackson (1883)
56
Nonage, Graves' Case and the Disjunction between Law and Art
61
Melville v. Mirror of Life (1895)
64
Law and Art in Legislative Reform 1862--1911
67
Overview: The Royal Academy of Arts, Press Photography and Artistic Status
67
1880s: Basil Field and the Royal Academy of Arts
71
Foundation of the Photographic Copyright Union in 1894
74
Photographers, Art and the Illustrated Press
77
Gambier Bolton v. Cecil Aldin (1895)
79
1899 Bill: The Royal Academy and Copyright as a Designation of Artistic Status
81
Photography, Copyright and `What is Art?' in 1899
85
Copyright and Photography's `Allegory of Labour' in 1899
89
Photographic Copyright and Peter Henry Emerson's `Renunciation'
91
Artistic Copyright Society's Bill and Press Photography
94
Photographic Copyright and Picture Libraries in the 1900s
98
Court Enforcement against the Illustrated Press
100
Gorell Committee and the Photographic Copyright Union
101
Linked Ring and Copyright Debates in the Early Twentieth Century
103
Conclusion
105
4.
Art, Copyright and Collectors: The Wrongs That Artists Commit, 1850--1911
107
Setting the Scene: Collectors, Painters and the An Market
115
Physical Canvas and the Engraving Acts
115
Physical Canvas and Painting Copyright
117
Collectors, Copyright and the Making of the Fine Arts Copyright Act 1862
123
Society of Arts' Copyright Committee: Millais' The Escape of the Heretic and Faed's Home and Homelessness
123
Society of Arts' Draft Bills of 1858--1859
127
Artistic Copyright Bill 1861
129
Collectors and Artistic Copyright in 1862
132
Copyright and Collectors' Control: 1862--1900
136
1862 Act and the Lapse of Copyright on First Sale
136
Society of Arts' Bill 1869: Restrictions on `Repetitions'
139
Royal Commission on Copyright and the 1878 Bill
142
Painters Respond and the Debates of the 1880s: Restrictions on `Replicas'
145
Debates of the 1890s: The St John's Wood Arts Club Committee Chaired by Alma-Tadema
150
1900 Bill: Lord Thring and `Dual Rights' in Paintings
155
Copyright and Collectors 1900--1911: Recasting the Problem and Solution
156
Gorell Committee on Copyright 1909
157
Copyright Bills of 1910 and 1911: Use of Artists' Sketches and Studies
159
Conclusion
161
5.
An, Copyright and the Face: Copyright As a Nineteenth-Century Publicity Right
163
Looking Backwards: The Celebrity Image and the Engraving Acts
169
Nineteenth-Century Copyright and the History of the Legal Protection of Identity
171
Introducing the Celebrity Portrait Trade: Copyright and Trade Practice in the 1860s and 1870s
175
Copyright Litigation and the Celebrity Portrait Trade in the 1860s: Lydia Thompson, Franz Muller and the Duke of Cambridge
182
Face and Photographic Copyright: 1880--1911
189
Continuity: Photographic Copyright as Protection for the Face
190
Change: Factors Complicating the Relation between Copyright and the Face
193
Theatrical Photography and Copyright as a Publicity Right
199
Conclusion
203
6.
Art, Copyright and the Public Interest: Galleries, Printsellers and `Pirates'
204
Artistic Copyright and Private Study
207
Gallery Copying in Certain Colonies: Leighton's Wedded and Fildes' The Widower
209
Artistic Works and Copyright at Common Law: Wallis' The Death of Chatterton
212
Infringement, the Courts and the Public Interest
215
Literary Copyright's `Humble Grey'
215
Case Law: Infringement other than by Photography: Living Pictures and Barlow's Engraving of Millais' The Huguenot
216
Legislative Debates and `Public Interest' Exceptions
218
Case Law: Infringement through Photography
219
Graves, Gambart and Photographic Reproduction of Engravings of Paintings
220
Photographic Reproduction and the Public Interest
224
Litigation and the Engraving Acts: Bonheur's The Horse Fair and Hunt's The Light of the World
228
Printsellers, `Pirates' and the Fine Arts Copyright Act 1862
232
Art Reproduction and Copyright in the 1890s and 1900s: Reynolds-Stephens v. Black and White (1896), Millais' Bubbles and Frith's The New Frock
242
Conclusion
247
7.
Drawing Conclusions: Images of Art and Images of Copyright
249
Copyright History as a Critical Lens
250
Legislative Policy
251
Case Law
253
Law and Context
254
Law and the Cultural Domain
257
Bibliography
262
Index
275