Yes, it is standard language to protect intellectual property (although
I hope somewhere it specifies how you CAN use the work) and is probably
in all of this firm's paperwork. 

Yes, work for hire frequently results in you owning the copyright. 

But not always - it depends on what you are paying for. That may be why
the proposal is "reasonable." 

My husband is an artist, and he will price jobs depending on whether the
client wants to own all rights, or only wants to use the art for a
specific purpose. A design used for one purpose - say, a brochure  - is
less expensive than a design that will be used for brochures, business
cards and on their website.

I'd suggest thinking about what other ways you might want to use the
design of the installation now or in the future (a book or brochure
featuring images from the installation?  Images on your website or in a
DVD from the installation?) and make sure all uses you are interested in
are spelled out in the contract. Or, ask for a quote where you receive
all rights.


Cindy Boyer
Director of Museums and Education
The Landmark Society of Western New York
Rochester, NY
(585) 546-7029 x12
[log in to unmask]
 
www.landmarksociety.org
 
Our mission is to discover, protect, and revitalize the architectural 
and related cultural heritage of the Rochester region, and to 
educate and inform our community about that heritage.
 

-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of Paul Lubienecki
Sent: Tuesday, January 09, 2007 8:04 AM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Copyright issues

This is standard  language to protect their intellectual property
rights.  
It is in place to make sure that a client does not let someone else
start 
using their ideas and concepts without proper consent.


>From: Erin Gerrity <[log in to unmask]>
>Reply-To: Museum discussion list <[log in to unmask]>
>To: [log in to unmask]
>Subject: [MUSEUM-L] Copyright issues
>Date: Mon, 8 Jan 2007 18:16:03 -0500
>
>We are working with a design firm to develop a new long-term
installation
>for our museum. The firm submitted a reasonable proposal to our
director
>outlining the details of the project. In reading it we noticed the 
>following
>statement: "All documents produced by (the design firm) under this 
>agreement
>shall remain the property of (the design firm) and may not be used by
the
>client for any purpose without the written consent of (the design
firm)."
>This stipulation confused us because typically with work for hire, our
>museum has owned the copyright. We feel that our ideas will be
incorporated
>equally, if not more so, in the final exhibit design and therefore we 
>should
>at the very least share the copyright.
>Before we bring it up with the firm, I would like to ask if anyone out 
>there
>has experience with this sort of thing and if their stipulation seems
like
>standard practice or not. Thanks in advance for your responses!
>
>Erin Gerrity
>Portland Museum
>Louisville, KY
>
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If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).