CHArt CHArt Computers and the History of Art - 1997 Conference Paper Abstract
The rapid development of new computer-based technologies like digitization and the World Wide Web have opened a host of new questions about the intellectual rights to art images. Particularly in the United States, museums and corporations alike see art images as a potential source of funds through licensing agreements. Meanwhile, scholars, libraries, and universities have been forced to re-examine long-established practices for the accumulation, storage, and use of images. Among these different groups, widespread disagreement prevails the history of image use, fair use doctrines, the interpretation of copyright law, and the fundamental nature of intellectual property. A host of organizations and consortia of scholars, art historians, and legal experts have attempted to sort out the confusion around these issues but have come to no consensus to date.
This paper will attempt to explain why computer technologies have created such sudden changes in the entire realm of intellectual property rights for art images. It will examine some recent court cases and their sometimes surprising outcomes, will explore the current state of copyright law and the reasons why image copyright remains today the most confusing area of intellectual property law. It will show why the unique situation in the United States has led to special problems there not generally found in Europe. The discussion will pay particular attention to the historical relationship between the development of new technologies and the creation of intellectual property as a concept-- a concept that has always generated controversies and disagreements.
The paper will conclude with some speculations on what the future of technology holds for the creation and study of visual images.
Peter Walsh is currently director of information and institutional relations at the Davis Museum and Cultural Center, Wellesley College, and chairman of the Massachusetts Art Commission. A book critic and contributing writer to several publications, he has published extensively on issues in the arts, museums, intellectual property, and technology.