RIDA 156 | 04-1993

Doctrine

The exhibition right and the history of copyright

Wladimir DUCHEMIN

Code : 156-D1
Keywords :
WIPO Treaties, Assignment, transfer, Respect for the integrity (right to), integrity right, Lending, Performance (right), Resale (right), Public place, Collective management, architectural, Exhibition, photograph, plastic, visual, WIPO, Germany, Austria, Canada, Denmark, Norway, Netherlands, Portugal , Sweden, Proportional, Property, National treatment, Berne (Convention de) 

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THOUGHTS ON THE EXHIBITION RIGHT Wladimir D U C H E M I N Consultant in Copyright a n d Industrial Property L a w (ARTEMA)

Visual artists have been demanding an exhibition right for a very long time.

Indeed, recognition of the exhibition right has long been sought by artistic communities throughout the world which see it as the counterpart of a public performance right. They also point out that they cannot enjoy certain traditional rights granted by copyright laws: due to the very nature of their works, they cannot be translated, performed in public or transposed. They form the subject of specific uses such as exhibition.

However, there has also been equally long-standing and constant opposition to this right from the art trade and the representatives of cultural institutions, i.e. those particularly concerned with the exhibition of works of art. The creation of an exhibition right necessarily upsets galleries and museums which see in its introduction a risk of undue interference on the part of artists notably in the form of a right to oversee the organization of exhibitions - and a source of additional costs

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