RE: Re: [AAUP-R] between the National Portrait Gallery and a Hard Place

Amalyah Keshet wrote:
> At 21:30 08/06/2005, Tim Arnold-Moore wrote:
> >While the copyright law gives to
> >owners of other types of work control over the creation of
> adaptations,
> >it does not give any rights over adaptations of artistic works.
>
> I would be very interested in clarification of this
> statement. Under UK copyright law, the creation of
> derivative works (adaptations) derived / adapted from works
> of visual art is not an exclusive right of the copyright holder?

Correct.

Note that literary, dramatic and musical works are listed but not artistic works:
http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_3.htm#mdiv21

This is also the case in Australia
http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s31.html but no longer in Canada or New Zealand (although it used to be).  

> In other words, in the UK unlicensed sampling and collage
> involving visual material would be permissible?

Correct.

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| Tim Arnold-Moore, Ph.D., LL.B., B.Sc. (Hons)
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