Re: Artistic Works - exclusive rights of copyright owners

If Australian copyright law has moral rights, you might also want to take them into account when developing your copyright policy as they relate to any changes being made to a work.

Lesley Harris (Author of "Canadian Copyright Law" published by McGraw-Hill Ryerson in 1992)
<harris[_at_]nicco.sscnet.ucla.edu>

On Tue, 22 Nov 1994, Michael Lean wrote:
>
> Hi all,
>
> I was wondering if someone could give me an opinion on the following...
> The exclusive rights given to owners of copyright in _literary_ works
> under the Australian Copyright Act include the right to make an
> adaptation of the work. This right is not extended to owners of
> copyright in _artistic_ works.
>
> Now, can I assume that in the case of an artistic work, "adaptation"
> could be equated with "derivation", and if so, can anyone tell me what
> the intention might be in not granting this right?
>
> The rights given for artistic works in Australia are:
>
> To reproduce the work in a material form,
> To publish the work,
> To include the work in a television broadcast,
> To cause a tv program which includes the work to be transmitted to
> subscribers to a diffusion service.
>
> I don't know what the provisions of the United States legislation are
> in this area, are they similar, or more specific?
>
> The question is of interest to me because we're struggling with trying
> to develop a policy and code of ethics for dealing with photographs
> produced by uni. staff photographers- given the move towards increasing
> digitization and the ease with which the photographers' clients can
> change or manipulate the image; granted the university owns the
> copyright under either commissioned works or work made for hire, but
> what happens when Moral Rights legislation is enacted and the
> photographer presumably has a non-transferable right of integrity?
>
> Sorry for the long rave....hope it makes sense.
>
> Regards,
> Mike
> ********************************************************************
> Michael M. Lean
> University Copyright Officer and Production Coordinator
> Audiovisual Services Kelvin Grove Campus
> Queensland University of Technology
> e-mail: m.lean[_at_]pop.qut.edu.au
> snail mail: Locked Bag #2
> P.O. Red Hill Qld 4059 Brisbane Australia
> Phone 07 864 3383 Fax 07 864 3983
> ... Searching for the Bird of Paradigms in the Cyberforest....
> *********************************************************************
Received on Wed Nov 23 1994 - 06:06:31 GMT