NIKKI SILK ART welcomes you to this website. By viewing the pages of this website or purchasing any artworks advertised on this website, you acknowledge that you have read and accepted these Copyright Terms and Disclaimers.
ARTWORK COPYRIGHT
Section 31 of the Copyright Act 1968 (Cth) (Act) provides that the copyright owner (Owner) has the exclusive right to reproduce, publish and communicate to the public. Copyright subsists from the time an artistic work is first reduced to writing or recorded in some way pursuant to section 22(1).
The creator of the artistic work (Author) is the first Owner of copyright pursuant to section 35(2) of the Act. There is no general definition of an Author under the Act but cases such as Donoghue v Allied Newspaper Ltd [1938] Ch 106 have interpreted an Author as the person who created the work by putting it into a form that is protected by copyright. Exceptions to this include:
- employees – if the work is created as part of their employment, then the employer will usually own copyright;
- commissioned works – it is possible for a person to own copyright for works created by someone else where the creation of those works are commissioned by them;
- and governmental works – if works are created for the Government, the Government will generally be the copyright owner.
Copyright continues to subsist for seventy (70) years after the death of the Author as provided by section 33 of the Act.
Ownership of copyright is separate from ownership of the physical work itself. This means that unless there is a written agreement to the contrary, copyright will not transfer from the Owner to the purchaser if the work is sold. The fact that the purchaser bought the work does not mean they purchased the copyright. Therefore, the purchaser will not obtain the right to reproduce or make copies of the work.
According to section 35(5) of the Act, the person who commissioned the work will own copyright for the following types of artistic works: photos taken for a private or domestic purpose, such as a family portrait or wedding photos; and paintings or drawings of a portrait. For all other commissioned artistic works, the Author of the artistic works will be the Owner of copyright. This is unless a written agreement to the contrary exists. The commissioning person will generally have the right to use the work for the purpose it was commissioned for.
It is an infringement for a person who is not the Owner to reproduce a work protected by copyright under section 36 of the Act. If permission from the Owner is obtained, then the works may be reproduced. Alternatively, it is possible for the Owner to assign or licence copyright pursuant to section 196(1) of the Act.
If copyright is assigned to someone else, then that person will become the new owner and will be able to reproduce the works. If copyright is licenced, the licensee can only use the works in the way covered by the licence agreement. A licensee may reproduce the works if the licence agreement allows them to do so.
Copyright can be infringed if the works are reproduced, or a “substantial” part of the works are used without permission.
If an Author sells their work, the Author is still entitled to reproduce their work as they still own the copyright. This is because the purchaser does not own copyright in the work they purchased, unless the copyright was assigned to them by express written agreement.
Section 72 of the Act refers to reproduction of part of a work in later works. It provides that the copyright in an artistic work is not infringed by the making of a later artistic work by the same author if the author does not repeat or imitate the main design of the earlier work
WEBSITE COPYRIGHT
Everything on this site is copyrighted unless otherwise noted.
Copyright Law protects the Artists Copyright in their original artworks.
All viewers should be aware that Copyright of the artworks located on this website remain the exclusive property of the Artist.
Copyright is administered by Nikki Silk Art, the Artists or their agents. Artworks may be viewed only for the purposes of buyer browsing, and be downloaded only for such purposes.
No reproduction may be made of any of the artworks from this website for commercial use for any reason without first receiving written permission from the Gallery, the Artists or their agents.
Under Copyright Law it is fair use to reproduce a single copy for personal or educational purposes, provided that no changes are made to the content and provided that a copyright notice accrediting the content is attached to the reproduction. Beyond that, no further copies of artworks from this website may be made or distributed without written authorization.
Nikki Silk Art is the copyright owner for all other aspects of the website including text, photographs and website design unless otherwise stated.
DISCLAIMER
If an artwork is not available for sale, Nikki Silk Art can provide images on request of alternate artworks of a similar quality and style.
Nikki Silk Art reserves the right to add artworks to, or remove from, the website without prior notice. Changes or updates to the content of this site may occur without notice. No content on this site shall add to or change any contract for products or services you may have with Nikki Silk Art.
While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly, Nikki Silk Art does not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this site
Australian Modern Pointillism Artist using Pre-Loved/Recycled Canvases and Frames
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