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Q. One of my works was recently reproduced and reviewed in the arts section of a newspaper without my permission. Where do I stand?
A. If you own the copyright in your artwork and have not transferred this to a third party then you generally have the right to control how and where your work is reproduced. However, in certain limited circumstances, an artist's work can be copied without their permission and without payment. This is because the Copyright, Designs and Patents Act 1988 establishes a number of exceptions to copyright. One such exception is fair dealing for the purpose of criticism and review.
There are a number of factors which would need to be considered to determine whether or not the newspaper could rely on this exception. A non-exhaustive list includes: whether the work had previously been made available to the public, whether the dealing was actually for the purpose of 'criticism and
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review' and whether it was 'fair', considering additional factors such as the amount of the work used and the purpose or motive behind the copying.
For example, the reproduction of an artistic work over a double-page spread with a simple one-line caption is unlikely to be considered 'fair'. It is important that each situation is judged on its own facts and further additional factors would need to be considered. However, in all cases, a newspaper is not entitled to rely on this exception unless it is accompanied by a sufficient acknowledgement.
© David Barrett/Photoshot 2008.
The content of this column is not intended to apply to individual circumstances.
It is no substitute for independent legal advice and should not be relied upon as such.
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Helen Dutta runs DACS Copyright Advice service,
available for DACS Copyright Licensing and Artist’s Resale Right members.
Opening times:
Mon 10am – 1pm
Tue 10am – 1pm
Wed 2pm – 5pm
T 0845 555 1199
(Local rates apply)
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