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Subject:
From:
Tod Hopkins <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Tue, 3 Apr 2018 11:28:06 -0400
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On Apr 2, 2018, at 2:32 PM, topladave <[log in to unmask]> wrote:
> 
> Whoever legally holds the copyright can make the work(s) public domain at any time. Recently a well know photographer donated her photos to the Library of Congress and made them public domain.

Placing works in the Public Domain is irrevocable, BUT can a secondary holder of the copyright place work in the Public Domain? For instance, if the artist cited above had NOT put the works in the Public Domain, but instead merely transferred all copyrights to the Library, could the Library place the works in the Public Domain?

Here’s why I think they cannot. A transfer of copyright, even all copyright, can be revoked by the original copyright holder. The circumstances under which this can happen are strict, but it is a right that the original artist and heirs always retain. Placing the works in the Public Domain would nullify that retained right. 

Ironically, the Library of Congress could probably answer that question.

Cheers,
               tod
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