ok whoa a second here. Please follow my [general] interpretation here, and I'd appreciate any comment.
I see nothing that states that under the current law...if one were to create a copyrighted work today (and thus life+70) that once that expires...that work enters the public domain. I believe that if the work is eligible, the heirs may register a renewal a copyright the?. Anything about renewal in these links...refers to that which was required (the 28 years) to register a renewal for works created during a certain period of time and another law that allowed for an automatic renewal (for which registration of that was/is not required).
I see nothing about a work automatically entering the public domain unless a required renewal wasn't registered for the laws that apply to one time period...and I see nothing about works automatically being entered into the public domain at the expiration of the automatic renewal -not being eligible for any extended registration of renewal of the copyright.
Pam
-----Original Message-----
From: David Harvey <[log in to unmask]>
To: [log in to unmask]
Sent: Tue, 7 Oct 2008 8:45 pm
Subject: Re: [MUSEUM-L] copyright/artifact rights
Pam,
I just double checked on the US Copyright site:
www.copyright.gov
This is what the copyright office says:
" How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for
works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.
Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright."
Cheers!
Dave
David Harvey
Conservator
Los Angeles, CA
On Tue, Oct 7, 2008 at 5:27 PM, Owen Phairis <[log in to unmask]> wrote:
I believe old copyright law was good for 35 years and renewable once giving 70 years.
I also believe current law is good for the life of the holder plus 50 years, not renewable.
Owen Phairis0APlanetarium Projector Museum
www.pictorialism.com
Date: Tue, 7 Oct 2008 18:31:04 -0400
From: [log in to unmask]
Subject: Re: [MUSEUM-L] copyright/artifact rights
To: [log in to unmask]
Just getting around to catching up on posts...and see that Dave here mentions that the copyright extends 70 years after the date of creation...then becomes public domain. But I believe the copyright can be re-registered and not automatically becomes public domain if so. Just wanted to clarify this point.
As always, I think this is an interesting subject and there's something new to learn everytime posts come up.
Pam
-----Original Message-----
From: David Harvey <[log in to unmask]>
To: [log in to unmask]
Sent: Mon, 22 Sep 2008 4:52 pm
Subject: Re: [MUSEUM-L] copyright/artifact rights
Rachel,
It goes like this. Copyright is for works that are created. Current copyright law extends protection for 70 years after the creation of the work. After that the work is in the public domain. Copyright protects the use and distribution of the work via the permission of the owner of the copyright. Copyright is inherent to the creator but it can be transferred only under written contract as a work for hire or as a right that is sold or transferred to another party.
Next comes ownership of objects and art as property. Just because you own an object or art work does not mean you own the copyright. But, even if the property is 100 years or older and is in the public domain you still
own your object as property and can establish control and access to it. This means tha t if you have a policy and written instrument that researchers must abide to for access then they are in breach of contract and are essentially using the image in violation of agreement and without permission. Publishers are extremely wary of this and ALL authors are responsible for making sure that they have clear written permission and clearances for ALL images used. He may "own" his own photos but they were taken illegally.
I think that if you stop publication of the book than that may open the way for a larger discussion with the publisher and the individual about his intent and violation of the agreement - and a suitable arrangement could arise from that. I would not let him get completely away with this as he is likely to do this or has done this sort of thing with other institutions and collections. Plus, it is just bad manners not to request permission! He needs a strong corrective metaphorical slap to let him know that that is unacceptable.
Cheers!
Dave
David Harvey
Conservator
Los Angeles, CA
On Mon, Sep 22, 2008 at 1:40 PM, Rachel Talent Ivers <[log in to unmask]> wrote:
I'm very fuzzy on this, but wasn't there a court ruling a year or two ago that basically said museum ownership of an image of an object in public domain does not automatically grant copyright control to the museum? I think the reasoning was something along the line of public domain is intended
to be owned by the public – not the museum. Did anyone out there pay better attention to this than I did at the time?
Rachel Talent Ivers
Head Registrar
Museum of Art | Ft. Lauderdale
Nova Southeastern University
One East Las Olas Boulevard
Fort Lauderdale, FL 33301
954.525.5500 ext. 292
direct: 954.670.2862
fax: 954.524.6011
[log in to unmask]
P Please consider the environment before p rinting this e-mail.
From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Lisa Shockley
Sent: Monday, September 22, 2008 2:31 PM
To: [log in to unmask]
Subject: [MUSEUM-L] copyright/artifact rights
I would be interested in hearing opinions on this.
A researcher comes to the Museum. He is given access to view three-dimensional artifacts. Photography is forbidden for co mmercial use, but allowed for strictly research purposes. Also, the exhibition at the museum is photographed. The person is told photography is forbidden for commercial uses but may be done for personal research information. Among the photographs is one taken of the front of the Museum building itself, with the exhibit banner (which was created by staff and IS copyrighted by the museum) in plain view. He also made images (either by scanning or photography) of original photographs in the collections, but which are approximately 100-110 years old, the only identified photographer died in 1922.
Three years later, the "researcher" publishes
a book, including images of the artifacts, the exhibit and the building, as well as reproducing two photographs from the Archives that he copied (but originals date to 1898-1905) in the book. He insists that copyright to all of this material is his, because he took the photographs. He insists that we have no right to anything, despite the fact that he signed an agreement to the effect that he was allowed to photograph/reproduce for personal research only and commercial use was forbidden.
I realiz e this is three separate issues. One, the artifacts; two, the Archives photographs which may be old enough to be in public domain but the photos are owned by a museum; and three, the modern banner created in-house by staff.
Opinions? Has anyone had this happen before?
Lisa
Lisa Shockley, Curatorial Specialist, 3-D Collections
Union Station/Kansas City Museum
30 W. Pershing Road
Kansas City, MO 64108
816-460-2055
"Where there is Peace; there is Culture;
Where there is Culture; there is Peace."
Nicholas Roerich (1874-1947)
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