Daubism: Copyright law and artistic works

Rimmer, Matthew (2004) Daubism: Copyright law and artistic works. Murdoch University eLaw Journal, 9(4).

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Abstract

An artistic controversy over a group of landscape painters called the Daubists provided impetus for copyright law reform in Australia in the early 1990's. In the first exhibition of Daubism in 1991 driller Jet Armstrong painted a crop circle over a painting of the Olgas by Charles Bannon - an artist, print-maker, and the father of the State Premier at the time, John Bannon. He called the resulting work, Crop Circles on a Bannon Landscape. Armstrong also inserted an inverted crucifix over a painting of the Flinders Ranges by Bannon, and renamed the work The Crop Circle Conspiracy Landscape. In response, Bannon took legal action against Armstrong in the Federal Court of Australia on the grounds of false attribution and defamation. He won an interlocutory injunction against Armstrong and the gallery, but then reached a settlement with the Daubists. An anonymous buyer purchased the work for $650 on the condition that it was returned to the painter. In his fight against the Daubists, Bannon received help and support from the National Association for the Visual Arts (NAVA). This professional group used the controversy to campaign for the reform of copyright law - in particular, the need for a moral rights regime. The artistic controversy over the Daubists was a catalyst for the introduction of the Copyright Amendment (Moral Rights) Act 2000 (Cth) in Australia. It offers an illuminating case study of the operation of copyright law in the visual arts.

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ID Code: 85369
Item Type: Journal Article
Refereed: Yes
Keywords: artistic works, Copyright law, dada, Defamation law, economic rights, Moral Rights, Post-modernism, right of resale, romanticism, situationism, Intellectual Property and Innovation Law Research Group
ISSN: 1321-8247
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2002 Murdoch University
Deposited On: 31 Jul 2015 02:40
Last Modified: 06 Oct 2015 05:22

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