Cathy Brickwood on 31 Aug 2000 14:33:24 -0000

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[Nettime-nl] spreker gezocht IBA conferentie 19 september

Het Virtueel Platform is benaderd door de IBA (International Bar Association) die op zoek zijn naar een spreker voor hun conferentie die in Amsterdam wordt gehouden in september. Voor 19 september zoeken zij het liefst een 'kunstenaar' om iets te vertellen over 'the artist in e-commerce - technology and intellectual property law challenges for the artist online'. Als iemand belangstelling heeft om te spreken hoor ik het graag. Gek genoeg is er geen honorarium maar alleen een diner en de kans om mee te doen aan een 'whisky tasting' bij Christies!

Hieronder meer info voor de whisky liefhebbers onder jullie:



I have formulated a plan which will provide a modified a Q and A format from the panellists, who will speak on a couple of subjects which they can address in some detail, and other speakers will be invited to add something from their own experiences in relation to some of the topics where there will be overlapping knowledge.

Panellists will be asked to be prepared to speak for approximately 15 minutes on their own subjects and up to a total of 5 minutes on other subjects to which they may wish to contribute. This schedule allows 20 minutes or so for introductory remarks and a keynote speaker, who is still being organised, 20 minutes for the mid session tea break and twenty minutes for audience participation.




If the artist embraces e-commerce and creates, sells and publicises her or his work on line, will she or he lose eventual financial control of such artwork ? Can the Law , and if so, how, help the 21st Century on line artist to avoid this happening ?

Conventional artwork sold through on line media (R/L/20) v. Electronic media generated art and its exploitation on line (R/L/20)

1. Get on line

Technical issues: logistics of establishing web sites; setting up domain names - protection of domain names; lack of international domain name regulation; ownership of materials on sites; specimen agreements therefor.(R)

The structure of the Internet Auction shop and the virtual gallery; specimen agreements for trade through the same. (R)

Click art delivery.(R)

2. On Line sales and marketing

What sort of deals the artist can make over the internet (20)

Codes of Practice for sales on the Internet; cooperatives and direct sales (R/20)

Advertising and promotion of art sales and downloading off the internet. Consumer protection. (L/20)

Caveat emptor vs. consumer protection; should on line auctioneers and sellers carry heavier burdens than physical auctioneers and sellers ? (20)

3. The Artist as on line publisher

Publication through hypertext linking; parasitism, leeching, and squatting.

The artist and freedom of expression; censorship; obscenity and offending public morals. (L/20)

Immunities from suit on the internet; where does the carrier stand; where does the content provider stand ? (R/L/20)

4, The Future of Art

New art forms; is copyright an adequate system of protection for artists on line in the 21st Century ? Is it failing artists like it is failing musicians on line ? (L)

What will be the impact of computer generated art with the requirement of originality for a work to qualify for copyright protection ? Should moral rights of paternity and integrity be recognised for computer generated art or not ? In a flexible medium with increasing inability economically and simply to trace original artwork adapted or manipulated in subsequent works of art, do moral rights have a serious future in the face of on-line art creation ?

What practically can the artist expect ? (L/20)

What should be the situation in works which are interactively created ? (L)

The concept of ownership of artwork on the internet; the artist creates the work. The work is "translated" into code which facilitates interaction; should the rights owner in the code be entitled to exert proprietorial control over the programme in which an interactive artwork is constructed? (R/L/20)

On interactive works; who should own the resulting artwork; how does each participator in the creation get his or her own share of exploitation? Can the law protect those shares ? Participators are contributing from different jurisdictions with differing legal regimes. (L/20)

5. How can the artist get paid and protect the asset?

SET, and developments in secure transactions. (R)

Credit cards and Smart Cards (R)

On line - Collection societies and levies.(L)

Risk Management and Insurance for on-line trading. (R)

Watermarking, bugs and bombs; the liabilities ? (R)

6. Private and Domestic use; is this a cop out for unenforceability of rights ?

Fair dealing with an Artist's work on line; who says what's fair ? Does the Artist have a say ? Is a wholesale exception for private and domestic on-line use inevitable ? Is Copyright protection going to be meaningful in the age of global electronic access ? The shield of the law but still penniless !

7. Tax.

Where does the artist set up his on line studio? What developments have occurred in the last 12 months in the treatment of on-line revenue, where taxation is to be levied, where income arises and the incidence of sales taxes ? (20)

8. Which is the best courthouse for me ?

Who has jurisdiction over the Artist on line ? Is the Internet a lawless frontier where anything goes ? Could Virtual Courts to resolve disputes work for artists? The impact and importance of differing community standards; localisation v. globalisation.(R/L/20)

Cathy Brickwood
ontwikkeling en beleid
Virtueel Platform
Keizersgracht 609
1017 DS Amsterdam
The Netherlands
Tel: +31 20 5516557
Fax: +31 20 6201031