Author: Christopher Cassella

by June M. Besek

from Volume 5, Issue 1 (Spring 2015)

Download this Article in PDF format from The Jerome Hall Law Library’s Digital Repository.

by Elizabeth Townsend Gard, Tulane University of Louisiana & Yvette J. Liebesman, Saint Louis University

from Volume 5, Issue 1 (Spring 2015)

Download this Article in PDF format from The Jerome Hall Law Library’s Digital Repository.

Abstract: For over 60 years—from the time he fled his native Czechoslovakia in 1948 until his death in August 2011—Kamil Kubik created amazing oil paintings and pastels. His art graces the walls of The Breakers in Palm Beach, Florida, the Old Ebbett Grill in Washington, DC, and the homes of Presidents, Governors, and celebrities. Many of his works were also printed as lithographs and serigraphs, and sold at more affordable prices than the four-to-five figures that he received for the originals. Fortunately, he was not dependent on the sale of these prints, as most of the original works were unprotected by copyright, and many of the prints were unauthorized reproductions.

Copyright law is the key protection for the artistic and economic interests of an author. For a working artist, copyright law can be a vital tool in defending his personal property interests. As such, the result of the particular copyright law in effect at a specific point in time is dramatic and binary—a work is either under copyright or in the public domain; there is no middle ground.

This essay examines the parallel relationship between Kamil’s biography and the copyright law that affected his works. What role did copyright law play, and how did his relationship with copyright provide insight into our own relationships with copyright law? Kamil’s life, as seen through the lens of copyright presents an opportunity to observe how the law interacted with an artist during the mid-20th through early 21st century. He produced artwork that spanned several distinct eras of United States copyright law, and his works created abroad add an additional dimension to their legal quagmire. The laws of copyright dramatically changed in the United States alone at least three times during Kamil’s lifetime.

The complexity of the interaction between copyright law and Kamil’s work is not unique. Though this article chronicles his travels, his art, and how his copyright rights changed through time and space, it could be the story of many visual artists. The essay is important for 20th century visual artists themselves and their estates, and may provide valuable insight to museums and others interested in digitizing artists’ works. By focusing on Kamil’s journey, we hope to illuminate the intricacies, peculiarities, and sorrows that make up the copyright story of 20th century artists.

by Mary LaFrance, William S. Boyd School of Law, University of Nevada, Las Vegas

from Volume 5, Issue 1 (Spring 2015)

Download this Article in PDF format from The Jerome Hall Law Library’s Digital Repository.

Abstract: Do performers have rights in the expressive works they help to create? Historically, the rights of performers have received far less attention that the rights of traditional authors. The law has been reluctant to recognize performers as authors and, to the extent that performers’ rights are recognized, they are secondary to, and more limited than, the rights of traditional authors. Recent developments, however, have brought performers’ intellectual property rights to the forefront. For a number of reasons, performers in the United States have increasingly begun to assert authorship rights in the works they help to create. In addition, recent international treaties to which the United States is a signatory have set minimum standards for the protection of performers’ rights, separate from rights of authorship. Because of these developments, Congress and the courts will soon face greater pressure to clarify the rights that performers enjoy in the products of their creative efforts. It is not clear, however, whether they will be up to the task.

by Roberta R. Kwall, DePaul University College of Law

from Volume 5, Issue 1 (Spring 2015)

Download this Article in PDF format from The Jerome Hall Law Library’s Digital Repository.

Abstract: Copyright protection in the United States begins from the moment of a work’s “creation.”1 Although this rule is codified in the statute, the underlying issues of how and when “creation” occurs are rarely, if ever, explored. Under the current law, as soon as an author creates a copyrightable work of authorship and fixes that work in a tangible medium of expression, the work is entitled to protection. This formulation ignores the critical issues of whether fluid works of authorship that are constantly evolving can be subject to copyright protection and, if so, what is the scope of such protection. Not much has been said or written about how copyright should address such fluid works of authorship that are, by their very essence, continually in progress or otherwise subject to change on an ongoing basis. This dearth of discussion is particularly surprising given that law professors spend a majority of their time writing articles and books that are constantly in a state of flux. Even after publication, many would like to take a crack at revising prior works, and some actually do so in the form of sequel publications!

This Essay initially discusses the protection of fluid works from the standpoint of copyright law in the United States. By way of comparison, this Essay then examines the philosophy of human creativity deriving from the Jewish tradition. It argues that this ancient yet living tradition can inform our copyright policy concerning how we define eligible works of authorship and determine their appropriate scope of protection.