Hi, Wayne,

I think this case is not that easy. As often, any advice should start with "It depends..." As this request is a legal question, it should be discussed with your legal advisors. Here are my twopence:

As long as this "copy" is kept in the private surrounding of the woman, there will be no legal problems. Problems start if it is shown in public.

If shown in public, the question rises if it is 1) a fake 2) a declared copy and 3) a copyright refringe or a quotation (see Dave's examples). An artistic quotation is no copyright refringe. An unallowed copy or fake can contain a copyright refringe.

Any copy should be easily identified as a copy - on the object and in any public presentation. It should be stated, additionally, where the original is kept.

Your museum is the owner of the quilted object. A museum can order a copy or allow copies, if being asked. A museum can allow copies with the stipulation that they have to contain certain differences to the original (material, size, colour etc.). If the museum ordered the copy (e.g. for conservational reasons), it up to the museum to get in contact with the artist. A copy allowed by the museum can also mean a copyright refringe if the museum does not own the copyright and disregarded the right of the copyright holder.

If the woman acts on her own account, it up to her to respect the rights of the copyright owner.

The question has to be raised, too, what is the meaning of the term "unrestricted gift". If not otherwise determined in the agreement, the copyright owner may be still the artist or his authorized agent, not the museum.

So, its the circumstances we don't know which decide the question.

Best

Christian

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need a refresher on copyright / reproduction law...

a woman wants to make a quilt based on a art piece created in 2011 that was donated to my museum as unrestricted gift in 2016 by the artist himself.  as far as i know he is still living. it's a 3d sculpture-like piece. last i remember from grad school copyright is life plus 70 years but i think that's changes.

Please advise.

Thank you.

Wayne Eldred

Collections Manager

Mattatuck Museum

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