----------------------------Original message----------------------------
Beware of possible misinformation!
Check with reliable sources & legal counsel. Try the Copyright Crashcourse at:
http://www.utsystem.edu/OGC/intellectualproperty/cprtindx.htm
to see if you can get the answers to your questions (covers US Copyright
law only...)
I'm no lawyer, but from my meetings with our legal counsel, I believe that
the author/creator (or heir to his/her estate) owns the copyright, unless
it was a work for hire, then the employer owns the copyright: not the owner
of the artwork (unless copyright was specifically transferred with
ownership). We own plenty of art works in our archive, but not their
copyrights! But just because you don't own copyright does not mean that
you loose your right to fair use & other rights. So if you're intending to
reproduce a copyrighted work for criticism or satire, you might not even
need permission to do so. And then some things are covered by contract law
or are in the public domain. And not everything is a copyrightable
expression. Here's an excerpt from the web site I list above:
>Who is an Author?
>An author is someone who contributes copyrightable expression to the work.
>What is Copyrightable Expression?
>Copyrightable expression is original authorship, fixed in a tangible medium of
>expression.
>Examples of copyrightable expression, assuming they are original, could be:
Poetry; prose; computer programming;
artwork; musical
notation; recorded music and/or
song; animations; video
footage; Java applets; a Web page;
architectural drawings;
photographs.
>Examples that do not qualify as copyrightable expression:
Mere facts; exact duplications of
public domain works;
ideas; systems; works created by
employees of the Federal
Government; titles and short
phrases; logos and slogans;
forms that only collect information
(rather than provide
information).
Here's a link to a web site that will help you determine when something
becomes public domain:
http://www.unc.edu/~unclng/public-d.htm
My two cents: generalizations don't help much. Each case needs to be
looked at individually for both the nature of the work and the character of
the intended use.
Have fun!
Janine Henri
>----------------------------Original message----------------------------
>
>Whoever owns the original works of art owns copyright to any reproductions
>of those works. If the photographer has written permission from the
>original or current owners of the works, than he/she may reproduce them,
>based on the original agreement. Otherwise, the photographer can not
>reproduce any or all of the works, whether in whole or part. Once an
>artist sells or reliquinshes his work he/she loses all ights to the work,
>unless a written agreement at time of the sale or exchange takse place.
>
>Sincerely
>Michael J. Moore
>Hagerty Library
>Drexel University
>
>On Tue, 23 May 2000, Felicia Reilly wrote:
>
>> ----------------------------Original message----------------------------
>> Hello everyone. Is there anyone who knows the answer to this, or can
>> direct me to the proper channels for information? I've checked the
>> Library of Congress Copyright Office Home Page, but these are a little
>> specific. A lawyer is also looking into researching it.
>>
>> 1. A painter created a set of paintings (Stations of the Cross) and gave
>> them to a church as a gift. The pastor (now deceased) told a
>> photographer that he could photograph the paintings, and then reproduce
>> the photos. The photographer now wants to let the photos be used in a
>> commercial video. Who owns the copyright to the PHOTOS: the
>> photographer, since he took the pictures; the church, since they own the
>> paintings that they received as a gift; or the artist who created the
>> works? From whom, if anyone, does the photographer need to get
>> permission to reproduce the photos?
>>
>> 2. For paintings and sculptures in a museum, where photography is
>> allowed: A photographer photographs art works by a LIVING artist. The
>> photographer then wants to let the photos be used in a commercial video.
>> Who owns the copyright to the PHOTOS: the photographer who took the
>> pictures? the museum that owns the paintings? the artist who created
>> the work? From whom, if anyone, would the photographer need to obtain
>> permission to reproduce the photos?
>>
>> 3. Same as question #2, although the artist is now DECEASED.
>>
>> Thank you everybody!
>>
>> Felicia Reilly
>> Passionist Research Center
>> [log in to unmask]
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