Another way of saying what I believe Ms. Silvestri is saying is:

 

Copyright is awarded at the creation of a work.  If someone else copies your
map and you can demonstrate that they had access to it, then regardless of
their registration, you are the copyright holder.  It is the facts that
determine who has the copyright.   What registration gives them is "prima
facie" evidence.  This means that the burden of proof has shifted to the
party that does not have the registration.

 

"However, you should include, with the copyright information printed on this
map -anything similar to the effect that, 'Any use and/or reproduction of
this map in part or whole including original data contained within, must be
requested in writing and approved by this museum/organization'.

 

If you do not add any statement such as this, than it is implied that the
map can be reproduced as long as it is properly credited to the museum"

 

The above statement is not true.  If a work is created, and it is
sufficiently original to be copyrightable, no statement, not even a
copyright notice, is required for it to receive copyright protection.  It
might be a good idea to include such words to make it perfectly clear that
the museum does not want anyone to fool around with their rights, but it is
not necessary for full protection. 

 

"If the map your staff created is in any way extracted from any existing
maps and data, then what you may have is a 'rendition' or a 'version' and
not an original - but you can still register a copyright for it as such."

 

But, if that map that your staff copied from is itself protected by
copyright, then you need the permission of that copyright holder.  You are
creating what the law calls a "derivative" copyright.  The original
copyright holder can control the creation of all such derivatives.  Once
permission is received, you will have rights to only that material which you
added.

 

Robert Panzer

 

VAGA (Visual Artists and Galleries Association, Inc.)

350 Fifth Avenue

Suite 2820

New York, NY  10118

Tel: 212 736 6666

Fax: 212 736 6767

[log in to unmask]

  _____  

From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of Pamela Silvestri
Sent: Tuesday, November 15, 2005 8:51 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Basic Copyright Question

 

Along with the information already posted for this question, regarding
registering the copyright with the Library of Congress...I highly recommend
this also, which would require the fees and a deposit of a copy of the map.

 

If your museum does not, and someone else creates a similar map, or
recreates your museum's and submits a registration on their own (and maybe
claim that they produced theirs before yours and independently of yours)
then they would own the copyright. If they earned a profit by
selling/reproducing the map in any way, shape or form the burden of proof of
ownership would be to the museum to prove otherwise.

 

However, you should include, with the copyright information printed on this
map -anything similar to the effect that, 'Any use and/or reproduction of
this map in part or whole including original data contained within, must be
requested in writing and approved by this museum/organization'.

 

If you do not add any statement such as this, than it is implied that the
map can be reproduced as long as it is properly credited to the museum.

 

If the map your staff created is in any way extracted from any existing maps
and data, then what you may have is a 'rendition' or a 'version' and not an
original - but you can still register a copyright for it as such.

 

Since the map was created by staff for the museum, it is considered 'work
for hire' and therefore the museum owns all rights to the map. The creators
of the map relinquish their right to profit and reproduce the map for
personal gain without permission from the museum.

 

Pam

 

 

In a message dated 11/15/2005 3:50:17 P.M. Eastern Standard Time,
[log in to unmask] writes:

Hello,

There is a map which is part of an exhibit. It was created by the museum
staff. We wish to reproduce the map for community outreach purposes but
before we do, we'd like to copyright the map.  Does just adding at the
bottom     @ ( or copyright sign) +2005+name of museum suffice?

 

Susan

 

Pamela Silvestri, Museum Assistant
Northeast States Civilian Conservation Corps Museum
Shenipsit State Forest
166 Chestnut Hill Road
Stafford Springs, Connecticut 06076
Telephone: (860) 684-3430
e-mail: [log in to unmask]

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