On the face of it, it doesn't sound like they are using the museum's name to
"promote" the object. They are identifying its owner, which is something
most museums get very upset about when it DOESN'T happen.
From Mr. Janzen's letter, it is clear that his attitude is that the museum
should do everything in its power to control the image. The fact the work is
in the public domain seems irrelevant to him. Anyway, if anyone has a moral
or ethical interest in keeping the work out of the public domain, it should
be the heirs of the artist, not the museum.
Sincerely,
Robert Panzer
Executive Director
VAGA (Visual Artists and Galleries Association, Inc.)
350 Fifth Avenue
Suite 2820
New York, NY 10118
Tel: 212 736 6666
Fax: 212 736 6767
email: [log in to unmask]
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of Mark Janzen
Sent: Monday, May 14, 2007 11:35 AM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Reproduction rights
Hi Cindy,
I would think it will serve you best to get all their information first.
Time, numbers, authorizations they think they have, etc. They may be an
evil unscrupulous capitalist enterprise, or they may be simply unaware that
there is a problem. They may have acquired some authorization that you no
longer(all registrars gasp) have records for.
You absolutely have the right to contact them concerning the problem. At
the very least you can stop them from using your name to promote the
object, even if you will not likely be able to require a cut of the
proceeds.
If they balk or get defensive, it becomes lawyer time.
Good luck.
Mark Janzen
Registrar/Collections Manager
Edwin A. Ulrich Museum of Art
Martin H. Bush Outdoor Sculpture Collection
Wichita State University
(316)978-5850
Cynthia Mackey
<[log in to unmask]
OM> To
Sent by: Museum [log in to unmask]
discussion list cc
<[log in to unmask]
SE.LSOFT.COM> Subject
Reproduction rights
05/14/2007 10:05
AM
Please respond to
Museum discussion
list
<[log in to unmask]
SE.LSOFT.COM>
I came across a website that is selling a reproduction of an item in our
collection. The company even states on their website that the reproduction
is based on an item from our collection. I have looked through numerous
files to see if an agreement was made between our museum and the company,
but have not found anything. The item was made in the 18th century so it is
in the public domain, but I'm wondering if as a museum we have any rights
to contact the company and start charging usage fees or something of the
sort. I am not sure how long they have been selling this item either so
that complicates the situation.
It is our current policy to charge usage fees for any of our images in our
collection so we are familiar with that process but not with reproductions
of 3-dimensional items from our collection which are then sold by another
company.
I just have some concerns since they are using our name to promote the
authenticity of their reproduction without any known consent from us. Any
suggestions as to what to do next?
Cindy Mackey
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