On Wed, 4 Dec 1996 15:01:31 GMT  [log in to unmask] wrote:
>When a work by a living artist is acquired by a museum, what copyright
>does he maintain by virtue of being the creator (if any) - assuming he
>hasn't assigned these?

All of the copyright is maintained by him/her by virtue of being the creator.


>
>In lay man's terms what does it mean for an artist to assign (give up) all
>copyright to a museum?


It means that the museum would own all of the copyright.


It is a simple transfer of property, like selling/giving away a car. On the other hand, the artist does not have to assign, give up, or sell ALL of his/her copyright.  The transfer can be partial.  The museum can acquire only those limited rights which it really needs, and the artist can maintain the rest.


>
>Is this an issue of whose names goes on the credit or receives any funds
>(should they exist), or is there a greater issue here.


Obviously, the artist's name goes on the credit line, as the creator of the work of art, no matter who owns copyright in it.  It is a different issue.  Copyright is an entirely separate & separable property accruing to a created work of art, literature, etc.   That is why the artist can transfer a work of art to a museum (or sell it to a collector) with or without transferring the copyright in it.



>
>I am working with an artist who is asking for a basic definition of
>"ownership of copyright". I would like a clear idea also since the whole
>issue of copyright is so confusing .


It's really not so confusing.  Ownership of copyright can be likened to ownership of an apartment building.  The owner can sell the building, transfer ownership of the whole building to someone, rent out the separate apartments to different people, for different purposes and for different periods of time, etc.

An artist owns his/her copyright outright until he assigns it away, or sells it, or until his death.  At his death, it goes to his heirs; they will own the copyright for 50-70 years (depending upon the country) after his death.  Then copyright expires, and the work enters the public domain.

If you have access to the Web, you have access to an endless amount of information on copyright for the layman.



>
>I would appreciate any help. If it would be better to discuss this, I
>would be happy to call for information. My number is 405.325.3272 and my
>e-mail is [log in to unmask]
>Many thanks.
>
>
>Gail Kana Anderson
>Assistant Director/Curator of Collections
>

...where?

(n.b. I am not a lawyer, and one of the above is to be construed as legal advice.)
-------------------------------------
name: amalyah keshet
director, visual resources / the israel museum, jerusalem
e-mail: [log in to unmask]
date: 12/08/96
visit our Web site at http://www.imj.org.il
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