Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-p2v8j Total loading time: 0.001 Render date: 2024-05-21T16:09:56.772Z Has data issue: false hasContentIssue false

4 - Art, Copyright and Collectors

The Wrongs That Artists Commit, 1850–1911

Published online by Cambridge University Press:  02 August 2018

Elena Cooper
Affiliation:
CREATe, University of Glasgow
Get access

Summary

This Chapter concerns the manner and extent to which artistic copyright accommodated various ‘public interests’. On one level, the public interest in artistic copyright, exhibits similar characteristics to that noted in Isabella Alexander’s 'Copyright Law and the Public Interest in the Nineteenth Century' concerning literary copyright: the public interest was a multifaceted and flexible concept, accommodating a variety of different interests. However, in other respects the story of the public interest in art was different. The notion of private copying emerged far earlier in artistic, rather than literary copyright. Yet more extensive protection was given by certain colonies to the right to copy in galleries and museums. In other respects, artistic copyright was more restrictive in its protection of the public interest. In this regard, I consider the inter-relation of copyright at common law and gallery rules regulating copying before turning to a detailed case study of the manner in which the courts resisted attempts to accommodate social interests in determining infringement, at the very time when scholarship on literary copyright history – Kathy Bowrey’s 'On Clarifying the Role of Originality and Fair Use in Nineteenth Century UK Jurisprudence' - has noted the flexibility of infringement tests accommodating notions of ‘fairness’.
Type
Chapter
Information
Art and Modern Copyright
The Contested Image
, pp. 107 - 162
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×