As the result of a commission to specialized lawyer Enric Enrich, with the collaboration of gallerists, collectors, artists and representatives of institutions, LOOP has launched the LOOP Protocol Beta Version. Now freely available to download and use.
We are very pleased to present the result of a working project LOOP has been developing for the last three years.
Upon request by many galleries and collectors attending LOOP over the years, we have been researching and working with specialized professionals to put together a protocol for the acquisition of works of video. In 2013, the project was commissioned to a copyright specialized lawyer, Enric Enrich, and since then we’ve hosted regular sessions with different artists, distribution companies, collectors, production companies, artists association, etc, to discuss and amend the document. The result of all those sessions and input received is now available in the beta-state protocol which you can view and download here.
We welcome you to use it, test it, and discuss it.
‘A “video art work” is normally included in a master device that is usually owned by the artist who created it and under the latter’s control and from which new devices or copies can be made or passwords are provided for access thereto by those who acquire it.
A video art work is intangible and its price in the art market can be very high. However, the purchaser of the body or device containing a copy thereof receives a mere object (for example a DVD or hard disc, or not even an object, but only a password to access the work hosted in the cloud) and such object per se has no great value. Therefore, mechanisms must be found to provide legal security for the purchaser so that the object received allows such person to enjoy the work and exercise the exploitation rights thereof in the manner required and so that the permanence sought in the work does not depend on the durability of the device that contains it.
The legal problems that arise from video art works due to their special features are explained in this report, their adaptation to the copyright regulations (focused on Spanish law) and the different clauses that should be included in an agreement are explained….’
Keep reading the legal background and development of the LOOP Protocol, written by Enric Enrich. Download the 17 page document: