Thanks William.

On Tue, Oct 11, 2016 at 4:17 PM, William Shepherd <
[log in to unmask]> wrote:

> Hello Leonard,
>
>
>
>                 Maybe the laws are a bit different south of the border but
> your institution would already have ownership and any associated copyright
> since you commissioned the artist to do the work; however, you mention a
> contact. Depending on the wording of the contract this could change the
> ‘automatic terms’ of commissioning a work. If a Deed of Gift or transfer of
> ownership of some kind is needed based on the terms of the contract then
> you could use your regular paperwork but I would specify that it is going
> into the study collection versus the permanent collection if you don’t
> indicate this somewhere on the paperwork already. In the future I wouldn’t
> include the need for a transfer of ownership in a contract when
> commissioning an artist unless it is needed for US federal/state law as the
> contract with the artist should deal with this.
>
>
>
> Your deed of gift may already include transferring any associated
> copyright as part of the transfer of ownership. If it doesn’t I would
> include it in the future. In Canada we also have moral rights, likely you
> have something similar, these cannot be transferred, only waived. I would
> include this in your terms of the deed of gift as well so the artist cannot
> cause problems in the use of the works down the road. Depending on the law
> down there commissioning a work would already transfer copyright to you
> unless the contract states otherwise so you may already be covered in this
> part but the deed of gift should cover it as well.
>
>
>
> Hopefully this helps!
>
>
>
> William Shepherd
>
> Collections Officer
>
> Swift Current Museum
>
> 44 Robert Street West
>
> Swift Current, Saskatchewan
>
> S9H 4M9
>
> Phone: 306-778-4815
>
> Fax: 306-778-4818
>
>
>
> *From:* Museum discussion list [mailto:[log in to unmask]] *On
> Behalf Of *leonard cicero
> *Sent:* Tuesday, October 11, 2016 10:11 AM
> *To:* [log in to unmask]
> *Subject:* [MUSEUM-L] Paperwork need for a commissioned work
>
>
>
> Hi All,
>
>
>
> I have been tasked with creating a Deed of Gift for a couple of hand
> painted (replica) signs that my institution commissioned from an artist.
> The contract with said artist states that a deed of gift will be sent after
> receipt of the works. The works will likely be added to our study
> collection but not our permanent collection.
>
>
>
> My question to you is: Is a Deed of Gift the correct paperwork?  If not,
> what is?  Also, do I need the consigned artist to sign a transfer of
> Copyright?
>
>
>
> Thanks in advance,
>
>
>
> Leonard M. Cicero
>
>
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