Art and copyright: some current issues

Legal context IP lawyers are increasingly having to advise onart-related copyright matters. Current issues include the strongcopyright protection given to images, uncertainty in the protectiongiven to innovative contemporary art works, problems in applyingthe fair dealing exceptions to art works, and the increasingrelevance of other IP rights. Key points Image rights receive strong protection - photographsof public domain art works are protected in the basis of long-standingauthority (although there are arguments against such a view).Whether an artistic work is protected by copyright depends onwhether the work falls into the closed list of categories insection 4 of the Copyright, Designs and Patents Act 1988 (painting,drawing, engraving, sculpture, etc). Much contemporary art doesnot fall neatly within these categories. Categorisation willalso be in issue as far as Artist's Resale Right is concerned.There is lack of understanding amongst internet artists aboutthe copyright restrictions that apply to digital works and concernsare raised more generally about the lawfulness of appropriationart. Practical significance Lawyers advising artists and those exploitingartistic works need to be aware of the potentially broad scopegiven in UK law to protecting works of art (including photographsof public domain works such as Old Master paintings) and tothe conflict between copyright and the practice of appropriationart. Where infringement claims are being considered fair dealingarguments and the possible impact of human rights law in guaranteeingfreedom of expression will need to be carefully considered.There has been little reported litigation on moral rights butthis aspect cannot be ignored. Trade mark rights, design lawand passing off may also need to be considered.     

Human Versus Animal: Contrasting Decomposition Dynamics of Mammalian Analogues in Experimental Taphonomy

Taphonomic studies regularly employ animal analogues for human decomposition due to ethical restrictions relating to the use of human tissue. However, the validity of using animal analogues in soil decomposition studies is still questioned. This study compared the decomposition of skeletal muscle tissues (SMTs) from human (Homo sapiens), pork (Sus scrofa), beef (Bos taurus), and lamb (Ovis aries) interred in soil microcosms. Fixed interval samples were collected from the SMT for microbial activity and mass tissue loss determination; samples were also taken from the underlying soil for pH, electrical conductivity, and nutrient (potassium, phosphate, ammonium, and nitrate) analysis. The overall patterns of nutrient fluxes and chemical changes in nonhuman SMT and the underlying soil followed that of human SMT. Ovine tissue was the most similar to human tissue in many of the measured parameters. Although no single analogue was a precise predictor of human decomposition in soil, all models offered close approximations in decomposition dynamics.     

The Race Among the States in Welfare Benefits: A Comment

One error in research on the welfare-magnet thesis is its focuson the poor rather than on the well-endowed and mobile economicactors who influence state policymakers. Another error is theassumption that poor people are mobile participants in the gameof locational advantage. Yet, unlike well-endowed economic actorswho move funds and goods, the poor must move themselves andtheir own bodies, rather than resources. Hence, it is unlikelythat poor people are playing much of a role in any race to thebottom in welfare policymaking.     

The measure of wife abuse: Steps toward the development of a comprehensive assessment technique

The lack of an adequate assessment tool for wife abuse has hindered empirical research. The Measure of Wife Abuse (MWA) was developed to improve on previously developed instruments, mainly by using empirical methods of construction, which has enabled the MWA to assess a broader range of wife abuse behaviors. The purpose of this study was to determine the factor structure of the MWA items, and to assess its reliability and validity. Confirmatory multiple group factor analyses of the MWA responses of 164 abused women yielded four factors: Physical, Sexual, Psychological, and Verbal Abuse. The MWA was found to possess adequate levels of both reliability, estimated from its internal consistency, and concurrent validity, with the Conflict Tactics Scales as the criterion measure.     

Political and organizational analysis in the policy curriculum

As the public policy curriculum and teaching faculty were synthesized from a set of existing fields two decades ago, political science was included because the policy school graduates needed some of the knowledge of the structure and processes of government the discipline possessed. But subsequently there has been a profound shift away from this traditional content to a more actor-centered form of analysis in the political and organizational part of the policy curriculum. This paper examines this content and a basic intellectual issue challenging the faculty who are responsible for this part of the policy curriculum. Their efforts will succeed only as they alter the structure of the discipline or develop a clearer algorithm for an actor-centered political analysis.