Hi,
I’ve had a look through the forum, but can’t see an answer to exactly what I’m looking to do. So…
I’d like to create artwork using book pages (drawing directly onto the pages). I’ve seen conflicting guidance on whether this would be an issue with regards to copyright. Can anyone clarify, please?
Also, I want to create some artwork using a line of lyrics from a singer. Again, I’ve seen conflicting guidance on this. Would this be allowed?
Many thanks!
Book pages and music lyrics?
Re: Book pages and music lyrics?
Hi PBOYGGW and welcome,
Do you mean that you want to use existing printed pages as the medium onto which you then apply your artwork? Provided that you aren't copying the printed page in any way and that you acquired the page (or pages) legally, then there is no infringement of any copyright which may exist in the text since you are neither making a copy of it nor making it available to the public in a form which is different to how it was originally made available. Furthermore I don't think there would be grounds for a claim of infringement of the author's moral right for his work not to be treated in a derogatory manner (see section 80 of the Copyright Designs and Patents Act 1988), because the text is merely one particular copy of the many copies of the same book*. My reason for thinking this is that in the UK this particular moral right is not treated with the same reverence as would be the case in, say, Italy or France, where the so-called integrity right is treated very seriously. The same would not be the case if you created your art on top of the work of another artist, assumingly that there was only one original painting or other type of artwork, which would then be defaced by the superimposition of your art.
I'm not entirely clear about how you would like to make art out of a line from a song. Assuming that you want to re-create all the same words but perhaps forming the letters into a shape which itself conveys extra meaning, then that might be permissible provided that the derived work embodied an element of parody or pastiche, which would then be covered by section 30A CDPA . While we have some caselaw which provides guidance on what constitutes parody, pastiche is not something which has been examined in detail by the UK courts. As a fall back, in case you think that neither parody nor pastiche adequately cover your intended use, you may be able to rely on the exception for quotation. However in order to avail yourself of this exception you would need to provide a credit to the author of the lyric. See Section 30 (1ZA) CDPA for more details.
* To expand this point slightly, one of the things which might amount to derogatory treatment is destruction of the work where it is unique. However burning (for instance) a single book would not be derogatory treatment because other copies still exist and destroying one's own property is something we are all entitled to do, and is unlikely to be trumped by an author's right for his work (in every one of its copies) to be treated with due respect to his honour.
Do you mean that you want to use existing printed pages as the medium onto which you then apply your artwork? Provided that you aren't copying the printed page in any way and that you acquired the page (or pages) legally, then there is no infringement of any copyright which may exist in the text since you are neither making a copy of it nor making it available to the public in a form which is different to how it was originally made available. Furthermore I don't think there would be grounds for a claim of infringement of the author's moral right for his work not to be treated in a derogatory manner (see section 80 of the Copyright Designs and Patents Act 1988), because the text is merely one particular copy of the many copies of the same book*. My reason for thinking this is that in the UK this particular moral right is not treated with the same reverence as would be the case in, say, Italy or France, where the so-called integrity right is treated very seriously. The same would not be the case if you created your art on top of the work of another artist, assumingly that there was only one original painting or other type of artwork, which would then be defaced by the superimposition of your art.
I'm not entirely clear about how you would like to make art out of a line from a song. Assuming that you want to re-create all the same words but perhaps forming the letters into a shape which itself conveys extra meaning, then that might be permissible provided that the derived work embodied an element of parody or pastiche, which would then be covered by section 30A CDPA . While we have some caselaw which provides guidance on what constitutes parody, pastiche is not something which has been examined in detail by the UK courts. As a fall back, in case you think that neither parody nor pastiche adequately cover your intended use, you may be able to rely on the exception for quotation. However in order to avail yourself of this exception you would need to provide a credit to the author of the lyric. See Section 30 (1ZA) CDPA for more details.
* To expand this point slightly, one of the things which might amount to derogatory treatment is destruction of the work where it is unique. However burning (for instance) a single book would not be derogatory treatment because other copies still exist and destroying one's own property is something we are all entitled to do, and is unlikely to be trumped by an author's right for his work (in every one of its copies) to be treated with due respect to his honour.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007