This is not always true. even in a employee employer situation the
artist has to sign a contract stating that it is work for hire.  A
full time employee can own the works they Create.  I own all my images
created while in the employee of Macromedia.  Well actually the
contract states we co-own them. They have to ask me to use them and I
have to ask them.  Mostly because I refused to sign a work for hire
agreement as all artist should when they can.

R.


On 9/26/07, Salome Kiwara <[log in to unmask]> wrote:
>
>
>
>
> While this is true, you should also take into consideration if the work was
> created under employment, that is a work for hire. In this case, the artist
> does not own the copyright, the employer does.
>
>
>
>
>
> From: Museum discussion list [mailto:[log in to unmask]] On Behalf
> Of Julia Moore
>  Sent: Wednesday, September 26, 2007 4:54 PM
>  To: [log in to unmask]
>  Subject: Re: [MUSEUM-L] Owning the image of an artpiece
>
>
>
>
> If the art object was created on January 1, 1978 or later, the artist
> automatically owns the copyright to the image from the moment it was made
> unless s/he has transferred it to somebody else.  Copyrights for these
> objects last the life of the artist plus 70 years, so the artist's estate
> probably owns the copyright in this case and you definitely need to ask
> permission.
>
>
>
> If the art object was created and published prior to January 1, 1923, the
> artist's copyright has likely expired so you probably don't need to ask the
> artist or artist's estate.
>
>
>
> If the artist died prior to January 1, 1937, the copyright has likely
> expired so you probably don't need to ask the artist's estate.
>
>
>
> But if the artist died after January 1 1937, and the art object was created
> after January 1 1923 but before January 1 1978, it would be prudent to try
> and find the artist's estate and ask permission to publish.  There are a
> number of complicated conditions that might be in effect.  You can never go
> wrong in asking.
>
>
>
> One more thing:  even if you don't need to ask the artist, you may have to
> ask permission from the photographer depending on the nature of the
> photograph (date taken, circumstances, whether the photographer is alive or
> not).  The photograph in itself may be a copyrighted work of art.
>
>
>
> IANAL (I am not a lawyer) so of course you should check this with an
> intellectual property specialist in your state.
>
>
>
>
> Julia Muney Moore
>
> Public Art Administrator
>
> Blackburn Architects, Indianapolis, IN
>
> (317) 875-5500 x219
>
>
>
>
>
>
>
>  ________________________________
>
>
> From: Museum discussion list [mailto:[log in to unmask]] On Behalf
> Of itsstephieb
>  Sent: Monday, September 24, 2007 12:06 PM
>  To: [log in to unmask]
>  Subject: [MUSEUM-L] Owning the image of an artpiece
>
>
>
>
> Does anyone know what to do if the owner of an art image and the artist are
> not one in the same? Does this mean that anytime they want to give
> permission for reproduction/publication, they need to get both the owner of
> the image and the artist to grant permission?
>
>
>
>
>
> Do these rules apply if the artist is no longer living?
>
>
>
>
>
> Thank you for any clarification you can give.
>
>
>
>
>
> Sincerely,
>
>
>
>
>
> Stephanie
>
>
>
>
>
>
>
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-- 
Randy S. Little
http://reel.rslittle.com
http://www.linkedin.com/in/rslittle

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