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The Legal Conundrum Straddling Reality and Virtuality with Regard to Interactive Digital Art
Despite the impact on Arts Management brought upon by the wave of Digital Art, the exact definition of Digital Art is still elusive. Acknowledging the uniqueness of Digital Art, the current research sought to identify how the legal system may arbitrate between the online and off-line aspects of Digital Art to protect the intellectual properties of the artists, and consequently encouraging creativity. The current research also sought to inculcate the Collection agency with the complicated Relationship between rights and obligations in the realm of Digital Art in order to stimulate active collection and promotion of this new type of art. The argument of the current study centered around interactive Digital Art, and extended the general concept of Digital Art. To the best of the knowledge of the author, there is an absence of research on this topic. Besides a severe lack of literature, the inability of artist to report first-hand experienced legal issues is also a problem to be addressed. To address this problem, from the second to the fourth chapters, the author collected a wide array of literature from related fields of study and propose the possible legal disputes artist may face. Then, adopting the Comparison method, the author deducted the characteristics of Digital Art, as opposed to Traditional Arts, prone to induce legal disputes, and the problems facing the exhibition and archiving of Digital Art. In the fifth chapter, considering the virtuality, conceptuality, and co-creativity, Digital Art, its practical Operating procedures, and the experience I have accumulated, the author derived several issues concerning Digital Art. The issues are: 1) The categorization of Digital Art, 2) The protection of the “concept” of Digital Art, 3) The Attribution of rights of the derivative images, 4) The problems with the public exhibition (?), reproduction(?), and parody(?) of the originals(?), 5) The difficulty of authorization and the possible solution, and 6) How to make possible the principal of fair use of Digital Art, along with other problems concerning the application of laws such as Consumer Protection Act. In the sixth chapter, the author porposed a practical advice, which is to add three new articles in Copyright Law. Which including 1) Identifying Digital Art as an separate Type of works, 2) Shortening the duration of digital art on copyright protection, and 3) Authorizing competent authority to set Regulations to regulate the definition of interactive Digital Art, the Attribution of rights of the pre-existing works, the exceptions to the protection of concepts, etc. On the other hand, referring to the Operating guidelines of museums abroad, the author proposed approximately fifty links calling for legal considerations. Each of the links was compared with related contract template in National Taiwan Museum of Fine Arts to analyze the liabilities and shortcomings of the extant template.
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