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ART - Essay Example

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One of the major issues in the sphere of art today is the conflict between many contemporary artworks and the definition of the term ‘work of art’ by existing copyright…
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One does not exist without the other. In American tradition, an author is a creator and full owner of the original artwork. In copyright law, author is the major actor. Author’s role is defined in U.S. Constitution, while copyright law is part of federal law. Article 1 Section 8 of US Constitution states: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (U.S. Constitution Online). Even after death of the author, his copyrights continue their existence.
However, the modern era have brought many issues connected to originality of created works, authorship, and modern copyright law. The very first law to regulate and protect original intellectual works was Copyright act of 1790. Firstly, it was solely publisher’s privilege and only later copyright law became “author’s right in her intellection product” (Bracha 186). Only in the nineteenth century the very essence of the copyright law was fundamentally altered. Today it is Copyright, Designs and Patents Act 1988 which regulates authorship rights and protects holders of artworks in the UK. The right of copying artwork includes reproducing, preparing derivative works, distributing, performing, and displaying The law protects original works of art. The existing law applies to such works of art as follows:
Copyright law is an example of a specific kind of product. This product is a masterpiece of artistic production. This piece comes together with the other related pieces and is very popular in modern society. This piece of art is related to such important business activities as trading, conserving, exhibiting, performing, reproducing and distributing works of art or reproductions.
The main issue about “dogmatics of copyright is that this dogmatics is able to elucidate the normative import of art and aesthetics.” (Chicago. John M. Olin Law & ... Read More
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