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Subject:
From:
"Holland, Jane" <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Thu, 10 Jul 1997 09:44:54 -0400
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Dear Amy,

My apologies because I don't know where you are, but in Canada the
reproduction, exhibition and copy rights of the artist and the artist's
estate (in this case, his widow) are very clearly defined; to simplify,
the artist/estate hold all rights up to 50 years after his death, unless
some or all are legally given to the museum at the time of acquisition.
This has to be negotiated at the time of the transfer of ownership, and
every case is different, depending on the artist's/estate's wishes;
thus, it is possible for a museum to own the physical object but not the
rights to exhibit, publish, or make money through reproductions of it.
I can recommend a very good book called "Legaleasy" by Ella Agnew,
published by the Ontario Association of Art Galleries and the Canadian
Museum Association, which although it deals with Canadian law, contains
examples of forms which could be tailored to your legal requirements.

Please let me know if there is any further information I can send you,
Best wishes,
Jane

Jane Holland,  Conservation Adviser,
Ministry of Citizenship, Culture and Recreation,
77, Bloor Street West,
2nd Floor,
Toronto, Ontario.
M7A 2R9.



> -----Original Message-----
> From: Douglass, Amy [SMTP:[log in to unmask]]
> Sent: July 9, 1997 4:21 PM
> To:   [log in to unmask]
> Subject:      Reproduction Rights
>
> The Tempe Historical Museum currently is negotiating with the widow of
> a
> local sculptor for the donation of a sizable collection of his
> plasters,
> archives, and finished works.  We need to address the issue of the
> museum's rights to produce and sell reproductions of his works, both
> three-dimensional and two-dimensional.
>

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