I know that these messages are from a few days back, but as so much
nonsense has been written about copyright, and as it appears that we have
here the development of new, and entirely spurious type of copyright, I
feel that I have to reply.  No one has written in the follow up or to
second Steven Bush's commonsense reply; an indication, perhaps, of how rare
this quality is in life.
        Unfortunately more people seem to be following along Albert
Sperath's uninformed response.  There have been now years of discussion on
various lists about the kinds of issues of copyright he has melded into one
uncomfortable whole.  Exhibitions are the work of many people, usually both
inside and outside of the exhibiting insititution.  To whom would such a
copyright on the whole exhibition belong?  Certain individuals, such as
writers and photographers, would or could have certain rights which would
be handled according to their contracts.  For example, photographers often
are required to surrender their copyright to the photos they make for the
show in return for payment.  In addition, it is well known that it is the
photograph of the work of art that is copyrighted, not the work itself.
Works of art themselves can only be protected by copyright if they are not
in the public domain.  Writers often give up their copyright in return for
payment, with the expectation (which can be put in writing in the contract)
that they will be given permission to reprint their essays in another
location, should they wish to do so.
        Finally, what earthly purpose would be served by trying to
copyright an entire exhibition?  It would seem that Mr. Sperath has seen
"The Belly of an Architect" (where an exhibition planned by one man is
hijacked by others in a money-laundering scheme) too many times.


        Adrienne DeAngelis
        [log in to unmask]


>I think that the exhibit it self is a tangible form.  I do not think you
>need to write out the design or anything, a tangible form is a tangible
>form.  Rendering the exhibit into a plan while it would help people
>organize it, would not I believe be neccessary for a copyright.  The
>copyright on an object is fixed once it is placed in a tangible medium,
>the exhibit itself should suffice for this.
>    The odds of someone copying an exhibit so exactly as to violate
>copyright seem pretty far fetched to me.  Has anyone ever seen this done?
>
>Steven Bush
>
>Albert Sperath wrote:
>
>> To expand on Steven Bush's comment, the design must be put in a "tangible"
>> form, ie plans, digital record, or even on a napkin. To just go into a
>> gallery and put up a show and expect it to be itellectually protected is
>> not enough. If that was done and you photographed it, it would be protected
>> because then it is in a tangible form. VAGA is a great source for © info.
>> "Work for hire" © issues might also kick in if you have someone design the
>> show for you.
>>
>> Intellectual property rights are getting more and more complicated. Assume
>> for instance you design a painting exhibition and make plans of the
>> installation thus protecting it. What about the © on the paintings in the
>> show. If you take pictures of the installation and publish them are you
>> violating the artists rights?
>>
>> Caveat, I am NOT a lawyer but do teach basic © attributes.
>>
>> Albert Sperath
>>
>> Albert Sperath, Director
>> University Art Galleries
>> Murray State University
>> 604 Fine Arts Center
>> Murray KY 42071-3342
>>
>> 270.762.6734 voice
>>               3920 fax
>>
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