We are experienced! Jimi Hendrix in historical perspective

Cooper, E. (2016) We are experienced! Jimi Hendrix in historical perspective. European Intellectual Property Review, 38(4), pp. 196-200.

117178.pdf - Accepted Version



This article reflects on the decision of the Paris Tribunal de Grande Instance concerning copyright protection for a photograph of Jimi Hendrix by Gered Mankowitz (Bowstir Limited and Gered Mankowitz v. Egotrade SARL (2015)) and subsequent critical comment about the case, by providing an historical perspective on originality and photographic copyright. In doing so, it uncovers previously untold details of the history of photographic copyright and the first statutory originality criterion: introduced by section 1 Fine Arts Copyright Act 18621 and subsequently considered in Graves’ Case. 2 It argues that, while the decision in Bowstir seems surprising today, the points that complicated the Court’s reasoning are familiar from the standpoint of copyright history. An historical perspective, therefore, enables us to engage more critically with these issues. In commenting on the decision, the article draws on significant original research to be fully published in a forthcoming book (Art and Modern Copyright: The Contested Image, CUP, forthcoming 2016/173) which, in excavating a variety of little known perspectives on artistic copyright, shows history to be a rich terrain of ideas about copyright and the objects that it regulates.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Cooper, Dr Elena
Authors: Cooper, E.
Subjects:K Law > KD England and Wales
College/School:College of Social Sciences > School of Law
Journal Name:European Intellectual Property Review
Publisher:Sweet & Maxwell Ltd.
Copyright Holders:Copyright © 2016 Sweet and Maxwell
First Published:First published in European Intellectual Property Review 38(4):196-200
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

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