In general, following is a common museum practice:

1.  For a commissioned work or an independent contractor, a signed,
written agreement stating that the product is a "work for hire" and thus
any copyright will belong to the museum.

2.  In addition, for added protection, a provision assigning any
copyright to the museum.

Barry Szczesny
AAM Government Affairs
(Not an official AAM communication)

Barry G. Szczesny, Esq.
Government Affairs Counsel
Government and Public Affairs
American Association of Museums
1575 Eye Street, NW
Suite 400
Washington, DC  20005

202/289-9125 Phone
202/289-6578 Fax
[log in to unmask]  E-mail
http://www.aam-us.org  Website



> -----Original Message-----
> From: Tim McShane [SMTP:[log in to unmask]]
> Sent: Wednesday, December 09, 1998 12:08 PM
> To:   [log in to unmask]
> Subject:      Re: Reproduction rights for magazine ads
>
>      I'm no expert on copyright law (I have enough trouble with the
>      Canadian Copyright Act, and no knowledge of American copyright
> laws),
>      but it's my understanding that if an organization commissions a
>      photographer to make a photograph, copyright is held by the
>      organization.
>
>      Can anyone else clarify if copyright is an issue that needs to be
>      addressed in this situation?
>
>
>
>      Tim McShane
>      Parks Canada Curatorial Assistant
>      (also, Co-Chair of the Arrow 2000 Project Museum Division)
>
>
> ______________________________ Reply Separator
> ____________________________
> _____
> Subject: Re: Reproduction rights for magazine ads
> Author:  Museum discussion list <[log in to unmask]>
> (Maureen
> Daly
> <[log in to unmask]>) at PCH
> Date:    12/9/98 3:02 PM
>
>
>
>
>
>  Candace:
>
>  The fee you charge can be anything really. Are the requests coming
> from
>  an ad agency? Then your "market" for comparison is the stock photo
>  market. I do have another question for you . You said that a
> commercial
>  photographer took the original photo. Is he or she getting a fee?
> They
>  should since they have the copyright and your usage was okayed by
>  him/her. Assuming the photographer has a fee, that should be factored
>  into the rate you charge, assuming you handle getting his permission.
>  All this is mute if he/she transferred all rights to you.
>
>  Maureen Daly
>  William F. Eisner Advertising & Design Museum
>  Milwaukee WI 53202
>  414-276-7889
>  [log in to unmask]