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Subject:
From:
SHARON LIANNE SPAIN <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Fri, 26 Apr 1996 21:41:53 -0700
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Sorry to bring up the copyright issue again, but I understand that the
GATT (General Agreement on Tariffs and Trade) Implemetation Act may cause
some copyright headaches for the museum community.

As of Jan 1, 1996 works of art produced outside the United States, which
had previously been considered in the public domain have had their
copyrights restored. This of course, will probably cause the most problems
for museums that hold contemporary European works of art.  The copyright
owner must notify the museum of their desire to reclaim copyright
control, and the museum, at the date of notification must stop producing
commercial products, i.e.- postcards, t-shirts, etc. (The museum does
have a one year grace period to sell off its existing inventory.)

I would be interested to know if any museums have started to receive
notification from artists, their estates, etc., and how this issue is
being handled. I understand the Implemetation Act itself was rapidly
drafted, and has some potential legal loopholes that may have to be
settled through litigation. I, (as you might have guessed) am writing a
paper on this subject, but am finding very little information on the
Act's effect on the museum community.  The issue has definitely gotten
more attention in entertainment law journals!

Thanks in advance!
Sharon Spain

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