This right has been enshrined in Canadian Copyright Act since 1988. It has also been judicially enforced in France. Unfortunately, it still remains not applied in many cases. The main trouble, for the artists, is to deal with the owner of the support of the work.
Thanks for your answer !
Yes, it's true. Most of the owners want to display the physical copy of the works. Moreover, their price can be very expensive, so that they can't bear to let the exhibition right to the author. It's particularly the case with public institutions, such as museums, in the name of the right to culture.
But we can find some examples of its enforcement in France. the most notable case was judged by the Supreme Court in 2002. The exhibition right has been enforced for two photographers, whose works were displayed by a non-profit organization without their permission and, of course, without any royalties. Some lower courts later judged in the same way. But there are very few cases, and the case law is not very significant.
Most of the authors who are interested in this right stopped to sell their works, just to keep a control on it. They rent these to galleries and sometimes organize their own exhibitions. But they do it more as owner of the physical copy than author of the work.
What do you know about it ? is it the same in Netherlands ? Other countries ?
Best regards.
Of course !
There are two decisions of the Supreme Court, but they were related to the same case. Here are the links (in French only) :
- http://legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000007445451&fastReqId=991453581&fastPos=1
- http://legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000007445449&fastReqId=1183327388&fastPos=2
Best regards !
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