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----------------------------Original message----------------------------
hi, In Australia (  party to an international copyright treaty), if an
artist is living ( or he/she has been dead less than 50 years)  he/she or
his/her estate still owns copyright to the original artwork and any
reproductions of the artwork, unless they sign over copyright to the
gallery/owner who has purchased the work. If an artwork is commissioned,
the commissioner owns copyright, or if the artist is employed to create art
works, the employer owns copyright. Individual agreements transcend
copyright law.

Copyright Law in
                                           Australia

                                         A Short Guide

                                          January 2000 ( Attorney General's
Dept)
http://law.gov.au/publications/copyrightaus99.htm#anchor352628 (25/05/2000)





>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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>
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"Nobody can become perfect by merely ceasing to act"
BHAGAVAD - GITA

Jennifer Brasher
Reference Librarian
QCA Image (Slide/Digital) Library Supervisor

Information Services
Griffith University Library
Queensland College of Art Library
Griffith University
PO Box 84 Morningside Q 4170
AUSTRALIA

Phone (61) 7 3875 3130
Fax (61) 7 3875 3133
Email [log in to unmask]

__________________________________________________________________
Mail submissions to [log in to unmask]
Administrative matters (file requests, subscription requests, etc)
        to [log in to unmask]
ARLIS-L Archives and subscription maintenance:
       http://lsv.uky.edu/archives/arlis-l.html
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