I would like to respectfully disagree with Pam's information. You do
NOT need to register your work to have any copyright protection. The
law states that "if it is created, it is copyrighted" This applies to
anything written, drawn, painted, photographed, designed.....anything
created. Registering a copyright only makes it easier to prove
ownership. Not registering a copyright does not negate anything.
**************************************************************************************
David L. Mishkin - Consultant
PHOTOGRAPHIC COPIES, ENHANCEMENTS AND RESTORATIONS
The experts in photographic restorations and enhancements with over
24 years of experience. Trusted by many museums and historical societies.
www.maine.com/photos - [log in to unmask] (207)-233-3055
***************************************************************************************
Pamela Silvestri wrote:
> Just wanted to make a note here that there is a significant difference
> between registering a copyright (which requires the proper completion
> of forms, a 'deposit' of the work to The Library of Congress, along
> with fees and other documentation), and that of simply adding a
> copyright symbol, name and date or nothing at all.
>
> In the case of copyright ownership of the film in question, unless the
> film was registered and deposited with the Library of Congress...the
> '70-year rule' and transferal of rights to the heirs doesn't legally
> apply here. It could be argued that the original filmmaker didn't wish
> to hold any copyright and therefore didn't register a copyright for
> this film.
>
> And since it was 'discarded'...it could be considered abandoned
> property and therefore any potential copyright was relinquished.
> The burden of proof may lie with both parties over the ownership
> rights, and this becomes more of an issue when the sale and
> distribution of the film is being considered.
>
> I'd be weary of 'selling' copies of this film and as Dave has pointed
> out - this may constitute 'pirating'. Where are the profits to go? If
> the proceeds of the sale are to go to a non-profit..there are still
> some gray areas that need to be considered.
>
> For one thing, I wouldn't 'sell' copies if the proceeds (after costs)
> are to go to a not- for- profit organization. Selling it may mean that
> State sales tax would need to be collected (and that the organization
> should have State sales tax# in order to do this of course). I think
> Lynne's best bet is to 'offer' the film [DVD] to the public for a
> specified amount as a /donation/ (and in this case, in most
> States...the donation wouldn't be subject to a sales tax) -with the
> proceeds specified to go to the organization's general fund or an
> earmarked project. A donation rather than 'sale' would also make a
> better claim for 'Fair Use'.
>
> But before distributing this film by either giving it away for free,
> with or without a donation or for outright sale, unless a copyright is
> registered...anyone who owns a copy may be able to reproduce it and
> sell it.
>
> But first things first. If Lynne's organization is claiming a
> copyright to this film and any copies that may exist (including the
> DVD retained by the donor) -the organization should register a
> copyright before distributing the film (in any format).
>
> The best way to do this would probably be to edit the film in a
> fashion that would constitute the outcome to be considered as a
> 'derivative' work. One way to do this would be to produce a
> documentary and include only portions of the film (and 'attributing'
> the filmmaker as 'unknown').
>
> Is the film really a master and have any attempts been made to prove
> this? What other copies exist and has an attempt been made to find out
> if there is an existing registered copyright for the film?
>
> When registering the copyright -these 'attempts' may have to be noted
> as well as any proof that the master film was 'abandoned'. An attempt
> to find whoever made the film should be made and documented (perhaps
> an announcement in a local newspaper may suffice). All this would help
> to establish true ownership. Also...did the original filmmaker film
> the event for someone else..like the town? Or was it for personal
> purposes only. Perhaps his/her intent was to document the event for
> the potential or with the intent of sharing it with the public?
>
> Of course, please verify any information I have provided here!! I'm
> also contending with a similar issue and would appreciate any further
> information pertaining to this subject. And I may eventually post the
> specific issue(s) on what I'm contending with for feedback/suggestions.
>
> Good luck with all this Lynne and thanks for bring up this issue. I
> also appreciate the excellent information provided by Dave and others
> here.
>
> Pam
>
>
> In a message dated 12/27/2007 4:35:21 P.M. Eastern Standard Time,
> [log in to unmask] writes:
>
> Lynn,
>
> There are several issues here.
>
> Copyright is very specific.
>
> Copyright is owned by the author(s) of the content of the work - and
> very specific works are covered such as publications, performing arts,
> visual art, architecture, etc. You can copyright a "work" once it has
> been rendered into some material form - so peformances cannot be
> copyrighted but scores, scripts, and other hard copies can. You cannot
> copyright phrases, names, ideas. All rights inherently belong to the
> authors (creators) of the contents unless they speciifcally release
> those rights through a written insturment, such as a work for hire, or
> other legal contract that assigns the all rights or part of them to
> another party.
>
> Just because someone has physical possession or "owns" the work as
> physical property does NOT mean that they own the rights.
>
> Objects that are made commercially - such as toasters - are more
> likely to be subject to patent and trademark law.
>
> The shop owner has no inherent rights to the content of the CD because
> he did not create the original content nor has written license to do
> so. An analogy would be if a recording studio claimed the rights for a
> CD that a band had recorded there. Just because someone is hired to
> reproduce, restore, or "publish" something does not mean that they own
> any part of it in terms of copyright. As stated before on the list
> there is the doctrine of "Fair Use' but that is solely intended for
> limited educational and non-profit purposes (most Libraries are well
> acquainted with this for xeroxing use). If someone copies sometthing
> and charges a fee or distributes it then you are indeed a "pirate".
>
> The person who owns the rights to the film is the person who created
> it, and if they have passed away, then their heirs, up to 70 years
> after the creation of the work.
>
> Also, an artist or "author" not only has the right to control the sale
> of their works but they also have specific control over its artistic
> intent and integrity - this means that if you have an outdoor
> sculpture and "restore" it without consultation with the artist or
> their heirs then you are in violation of the artist's rights. If you
> have a film and re-edit it and sell it, you are in violation of the
> copyright, the same goes for music or a play. The work of art cannot
> be materially altered or changed in any way without the permission of
> the holder of the copyright.
>
> The US Copyright Office has a very user-friendly web site - look up
> their FAQ list and read.
>
> www.copyright.gov
>
> Cheers!
> Dave
>
> Daivd Harvey
> Conservator
> Los Angeles, CA
>
> On 12/27/07, Lynne <[log in to unmask]> wrote:
> > > I am wondering if any of you out there might have stories you
> would be
> > > willing to share regarding copyright questions or legal
> problems your
> > > museums (etc.) have encountered. I would of course be willing
> to keep
> > > your
> > > information confidential, but would like to use some stories
> to illustrate
> > > common problems.
> >
> > I sent the following reply e-mail directly to Jamie, but I think
> I would
> > like to ask for input from the list members on this copyright
> issue that
> > arose in our small museum:
> >
> > We were recently given a donation of a 16 mm film of our
> town's 1957
> > centennial parade. A local fireman found it in the (recycling
> center) and he
> > hung onto it until this year, which is the town's 150th
> anniversary. Before
> > he gave it to us, he took it to a local camera shop and they
> transferred it
> > to DVD for him. He gave us both the original 16 mm film and the
> DVD of the
> > movie -- and kept a DVD for himself. I reimbursed him (out of my
> own pocket,
> > as we have negligible income), then accessioned the two items.
> > I showed the movie to the members of the town's sesquicentennial
> > committee and the town business administrator wanted to make
> copies to sell
> > to residents. I told him that the camera store owner wanted $20
> per copy and
> > the administrator said he could get it done for $10 per copy. He
> then asked
> > for the DVD we were given, so he could reproduce it. I balked
> and said the
> > camera store owner may be the one who owns the rights to the
> content of that
> > DVD and everyone argued that since WE own the original film, we
> have the
> > rights.
> > I checked Marie Malaro's museum law book and she noted that
> the issue is
> > not clear, but that one should protect one's rights by having
> the person
> > doing the digital conversion sign something saying the museum
> owns the
> > rights to the digital version the convertor is about to create.
> Of course,
> > the fireman did not have anyone sign anything, so the matter is
> unresolved.
> > The township's attorneys did not feel it was an issue, by the way.
> > Right about the same time we had some maps in our collection
> reproduced.
> > The photo reproduction shop photographed the maps, scanned their
> photo of
> > them, cleaned them up, then printed them for us, on acid-free
> paper with
> > UV-filtering inks. When he was done I was given a CD with the
> digital
> > version of the maps and I told the shop owner about the film
> question. I
> > said "So, who owns the rights to the map CD you just gave me?"
> He replied
> > "You do. You paid for it." I said "What if I took it to a photo
> reproduction
> > shop down the street and asked them to reprint the maps from it,
> because
> > they can do it for a lower cost?" He raised his voice and said
> "You can't do
> > that! That's MY work!" I made my point.
> > Therefore, I will henceforth have everyone sign a form saying
> we own the
> > rights to the digital version of the conversion.
> >
> > Do you have a form you have the converter sign? Would you share
> it if you
> > do?
> > Lynne Ranieri
> > Millburn-Short Hills Historical Society
>
>
>
>
>
> ------------------------------------------------------------------------
> See AOL's top rated recipes
> <http://food.aol.com/top-rated-recipes?NCID=aoltop00030000000004> and
> easy ways to stay in shape
> <http://body.aol.com/fitness/winter-exercise?NCID=aoltop00030000000003>
> for winter.
> ========================================================= Important
> Subscriber Information:
>
> The Museum-L FAQ file is located at
> http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed
> information about the listserv commands by sending a one line e-mail
> message to [log in to unmask] . The body of the message
> should read "help" (without the quotes).
>
> 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).
>
> ------------------------------------------------------------------------
>
> No virus found in this incoming message.
> Checked by AVG Free Edition.
> Version: 7.5.516 / Virus Database: 269.17.11/1201 - Release Date: 12/28/2007 11:51 AM
>
=========================================================
Important Subscriber Information:
The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).
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).
|
