| © Copyright |
In
Australia all art works are protected under Copyright © and this
extends for a period of 70 years after the artist's death. It is illegal
to copy an artist's work by any means without the specific approval of
the copyright holder. In the case of Norman Lindsay's etchings, Lin Bloomfield
owns the copyright and permission must be obtained before reproduction
of any kind is instigated.
There seems to be confusion in many quarters concerning copyright. Copyright
is personal property and as such can be sold, licensed or left in one's
will. Copyright protection in Australia is wholly statutory and is provided
by the Copyright Act 1968.
The Copyright Act states that the owner of the copyright in an artistic
work has the exclusive right to:
reproduce the work in material form
publish the work
include the work in a television broadcast
cause a television program that includes the work, to be transmitted
to subscribers to a diffusion service (cable)
The Copyright Act defines 'artistic work' as follows:
a painting, sculpture, drawing, engraving or photograph, whether the
work is of artistic quality or not.
Engraving includes an etching, lithograph, product of photogravure,
woodblock print or similar work, not being a photograph.
Sculpture includes a cast or model made for the purposes of sculpture.
Copyright subsists in an artistic work for the life of its author plus
70 years The period is calculated from the end of the calendar year in
which the artist died to the end of the fiftieth year. If, in the case
of engraving, it is first published posthumously, the copyright period
will last for 70 years from the end of the calendar year in which the work
is first published.
Copyright in photography differs from the above. Copyright for photographs
taken before 1 May 1969 subsists for 70 years from the end of the calendar
year in which the photo was taken. Photographs taken after 1 May 1969 also
have a 70 year copyright period from the end of the calendar year in which
the photo was first published. The photographer's death is irrelevant to
the calculation of the copyright period. |
| COPYRIGHT IN THE
WORKS OF NORMAN LINDSAY |
Until
26 April 2000, copyright in the etchings of Norman Lindsay was owned
by Jane Lindsay and licensed to Lin Bloomfield. As
of 26 April 2000, copyright in the etchings of Norman Lindsay is owned
by Lin Bloomfield. Copyright in all other works by Norman Lindsay
including paintings, drawings, woodblocks, sculpture and the written
word is owned jointly by Helen, Catherine and Andrew Glad. Exclusive
licence to cast in bronze the sculpture of Norman Lindsay has been granted
to Josef Lebovic and Lin Bloomfield by Helen, Catherine and Andrew Glad.
It has come to our attention that some people are innocently purchasing
works they believe to be genuine Facsimile Etchings when in fact they are
pages taken from books. Two books that are commonly destroyed are Norman
Lindsay: Two Hundred Etchings (Angus & Robertson, Sydney, 1973)
and Norman Lindsay's Favourite Etchings (Angus &
Robertson, Sydney, 1977 and reprinted in 1984).
Please be aware that all
Norman Lindsay works in any medium are subject to copyright
restrictions as outlined above. Odana Editions is the sole
legally authorised publisher of the Facsimile Etchings. Norman
Lindsay's etchings must not be reproduced in any shape or form
without the consent of Lin Bloomfield. Many images of
Norman Lindsay etchings have been purchased in auction houses,
antique shops or secondhand goods stores and have been found
to have "certificates"
with them claiming to be limited edition facsimile etchings. An
image cannot be a legal Facsimile Etching unless it is published
by Odana Editions. If it is not published by Odana Editions it is a breach
of the Copyright Act 1968 and the Trade Practices Act 1974.
Section 52 of the Trade Practices Act 1974 prohibits "misleading
and deceptive" conduct. |

A copy of the Odana Editions Facsimile Etching
embossed seal is reproduced here
so that genuine limited edition Facsimile Etchings may be identified
by intending purchasers. |
| Acknowledgement |
The
Visual Artist and the Law (The Law Book Company Limited, Sydney,
2nd Edition, 1989) by Shane Simpson, L.L.B. (Hons), M.Jur, Solicitor,
New South Wales; Barrister and Solicitor, Victoria; and Barrister,
New Zealand, is the definitive book on all aspects of law relating
to the visual arts. Shane Simpson has given permission to Lin Bloomfield
to quote from his book (Chapter 6, The Principles of Copyright). |
©
All images, text and website design are protected by copyright. All rights
reserved.
Images, text and design may not be reproduced without the permission of
the copyright owner/s.
2001-2009 Odana Editions Pty Ltd |