This document summarizes legal scenarios related to art and copyright presented by Douglas B. Thompson of Thompson Cooper at the Community Arts Council on June 29, 2016. It addresses issues such as an artist retaining copyright after selling a painting, an artist's moral rights over modifications to their work, exceptions for reproducing public sculptures or architectural works, copyright duration, the defense of independent creation against accusations of copying, and the private study exception for reproducing works to learn techniques.

1. Community Arts Council
Legal Aspects of Art
June 29, 2016
Douglas B. Thompson – THOMPSON COOPER

2. Display Scenario #1
You sell your painting
You later discover that
prints of your painting
are being sold

3. Answer Display Scenario #1
Artist retains copyright
after sale of painting
Transfer of Copyright
requires written assignment
s. 13(4)

4. Display Scenario #2
You see an advertisement of
a public exhibition of your art
This is the first you have heard of it

5. Answer Display Scenario #2
Copyright includes the sole right
to present a public exhibition
s. 3(1)(g)

6. Display Scenario #3
Your Sculpture is installed in a shopping center
You discover that they have “dressed” your sculpture
By placing a funky hat on it’s head and a Hawaiian shirt

7. Answer Display Scenario #3
An Artist has “moral” rights
Including the right to maintain
“the integrity of the work”
s. 14.1 (1)

8. Display Scenario #4
Your painting is in a public exhibition (with permission)
A fellow artist reproduces your painting
and is now offering it for sale

9. Answer Display Scenario #4
Reproducing your painting
Infringes your copyright
s. 3(1)

10. Display Scenario #5
Your Sculpture is installed in a public building
You discover that people are making and selling
paintings, drawings, and photographs of your Sculpture

11. Answer Display Scenario #5
Making paintings, drawings or photographs
of Sculpture permanently situated in a public place or building
Exception to copyright infringement
s. 32.2(1)(b)(ii)

12. Display Scenario #6
You sold some floral paintings to
a woman who makes and sells scarves
You discover she is using portions of your paintings
as prints on her scarves

13. Answer Display Scenario #6
It is infringement to reproduce
a “substantial” part of an artistic work
“in any material form whatsoever”
s. 3(1)

14. Subject Matter Selection Scenario #1
You discover there is a demand for
drawings and paintings
of public buildings

15. Answer Subject Matter Selection Scenario#1
Paintings, drawings or photographs of
“architectural” works
Exception to copyright Infringement
s. 32.2(1)(b)(i)

16. Subject Matter Scenario #2
You like the artistic works of
a particular artist (now deceased)
You decide to reproduce some of
those artistic works

17. Answer Subject Matter Scenario #2
Copyright survives death
However it has a time duration
If artist dead less than 50 years – you have a problem
If artist dead more than 50 years – copyright has expired
Note: 50 years being extended to 70 years

18. Subject Matter Scenario # 3
Another artist is drawing harbour scenes in a particular style
Her paintings are selling well (yours are not)
You immediately decide to adopt that art style
And do harbour scenes

19. Answer Subject Matter Selection Scene #3
Copyright Infringement
Does not extend to artistic styles
(assuming the harbour scenes differ)

20. Subject Matter Scenario #4
You discover that the other artist’s artistic style
is more difficult than you thought
You attend a public exhibition of the artist’s work
and try to reproduce some of the work
These paintings are not for sale, you are just learning the artistic style

21. Answer Subject Matter Scenario #4
Private Study is a “fair dealing”
exception to copyright
s. 29

22. Subject Matter Scenario #5
You are about to throw your “private study”
works of art away
A passerby is astounded you would dispose of them
asks if he can have them

23. Answer Subject Matter Scenario #5
The private study exception is lost
if you give the reproduction away
s. 29.22(d)

24. Subject Matter Scenario #6
You paint a harbour scene looking toward the Empress
Another Artist accuses you of infringement
Even you have to admit the paintings look very similar

25. Answer Subject Matter Scenario #6
Copyright infringement requires “copying”
independent creation is a complete defence
(Judge must believe that similar scene just coincidence)