This page is about global conventions which work worldwide - amongst countries that have signed up to them.
The banner image is a photo of the WIPO HQ building in Geneva. |
The sub-menu for this page has information about copyright in various English-speaking specific countries:
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This page is generic to every occupation which involves copyright and intellectual property and is NOT just specific to artists. However it's important to know some of the context for the law that artists rely on to protect their artwork.
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The History of Copyright Law
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What is the Berne Convention?
The Berne Convention protects literary and artistic works - so long as these have been fixed in a material form. It does this by creating a Union of Countries who will all apply the same rules to copyright. The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works. It requires countries which sign to:
What are Literary and Artistic works?
It provides a set of rights that protect literary and artiistic works
The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as: |
REFERENCE
Below are links to websites which provide more information about how the Berne Convention protects literary and artistic works.
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Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
The primary purpose of the The World Intellectual Property Organization (WIPO) is to be the global forum for intellectual property services, policy, information and cooperation.
It is one of the 17 specialised agencies set up by the United Nations in 1967. Its mandate is to
It is a self-funding agency of the United Nations, with 188 member states. to lead the development of a balanced and effective international intellectual property (IP) system that enables innovation and creativity for the benefit of all. |
REFERENCE
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Patents, trade marks and design rights are valuable intellectual property (IP) rights and a vital foundation of economic growth. Trademarks and Patents are a very specialised area of Intellectual Property law. In general they're not relevant to Fine Artists but can be very relevant to designers and those who are using art on commercial products.
Trademarks are in effect like a quality standard. They were developed to protect consumers from being sold cheap copies and to prevent other companies from copying successful brands. A Trademark also offers protection in relation to the context in which it can be used. Trademarks are an especially important part of brand management and consequently infringements tend to have a monetary value. Trademarks can apply to any number of ways in which a brand is visually presented eg a logo, use of a name, use of an image, use of lettering specific to a brand when combined with other trademarked aspects. Artists are also well advised to be very wary of incorporating corporate products which are trademarked into artwork without seeking legal advice or permission to do so. Artists have been taken to court over infringements of trademarks. Trademarks known to be especially litigious are: Microsoft, Disney, Coca Cola, Chanel, Nike, Harley Davidson. |
GENERIC REFERENCE
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Copyright: 2015-2021 Katherine Tyrrell | Making A Mark Publications
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