Directive Appropriation Art
Sometimes image makers have copyright disputes with each other. This often concerns the use of one creator's work in another's work. Under the Copyright Act, this is in principle not allowed, unless an exception applies. However, the boundaries of such exceptions are not always clear.
Pictoright represents the copyright interests of a diverse group of image makers and finds the above in some cases undesirable, because for many artists, referring to or incorporating the work of others is an integral part of the creative process. The organization considers it important that the enforcement of Copyright is done in such a way that the artistic freedom of creators is limited as little as possible. At the same time, the organization wants to ensure that existing work can be used without limitation under the pretext of the same artistic freedom.
Enforcement of copyright in such a way that artistic freedom for authors is limited as little as possible
The Appropriation Art policy guideline is intended to provide clarity, and can be used to test whether the use 'of work in work' is reasonably acceptable. If this is the case, Pictoright will not normally take enforcement action. Pictoright will only use the guideline in the context of its own assessment of whether or not to take enforcement action. To that extent no rights can be derived from it.
In its considerations, Pictoright takes the following into account:
- To what extent is there a new artistic meaning compared to the used work.
- Is the use of the existing work justified in view of the artistic objective of the new work and the nature and extent of the use of the existing work.
- To what extent has the creator of the new work made it clear that the work or elements used from it do not originate from him?
- To what extent is the source, including the name of the creator of the work used, mentioned with the new work.
- The directive is ambiguous, because, warns Pictoright, "even if the use of 'work in work' is acceptable in principle in Pictoright's opinion, Pictoright may attach the condition of payment for the creator of the existing work to the use of (reproductions of) the new work. Furthermore, Pictoright may require a certain distribution of any resale right revenue between the creators concerned (of the new work and the existing work)."
For more information, visit: magazine.pictoright.nl
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