Our fraktur, for example, is copied extensively. Sometimes it's most of
what people who sell such things on ebay copy most frequently(I should add
that one of these sellers has our blessing).
We encountered an artist who had copied one of our pieces when it was
featured in Early American Life. After talking to her and some
investigation, on both sides, we found there was nothing we could do. What
she consented to do, and this frankly was kind of her, was put a courtesy
line on pieces she copies. I've also seen prints of pieces copied from our
collection being sold in high end gift shops -- and one of them is a
prominent museum's. Woe is me.
There seems to be some sort of artistic issue here also in our case; it's a
copy but not an exact copy, yada yada.
Candace Perry
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On
Behalf Of Mark Janzen
Sent: Monday, May 14, 2007 11:35 AM
To: [log in to unmask]
Subject: Re: Reproduction rights
Hi Cindy,
I would think it will serve you best to get all their information first.
Time, numbers, authorizations they think they have, etc. They may be an
evil unscrupulous capitalist enterprise, or they may be simply unaware that
there is a problem. They may have acquired some authorization that you no
longer(all registrars gasp) have records for.
You absolutely have the right to contact them concerning the problem. At
the very least you can stop them from using your name to promote the
object, even if you will not likely be able to require a cut of the
proceeds.
If they balk or get defensive, it becomes lawyer time.
Good luck.
Mark Janzen
Registrar/Collections Manager
Edwin A. Ulrich Museum of Art
Martin H. Bush Outdoor Sculpture Collection
Wichita State University
(316)978-5850
Cynthia Mackey
<[log in to unmask]
OM> To
Sent by: Museum [log in to unmask]
discussion list cc
<[log in to unmask]
SE.LSOFT.COM> Subject
Reproduction rights
05/14/2007 10:05
AM
Please respond to
Museum discussion
list
<[log in to unmask]
SE.LSOFT.COM>
I came across a website that is selling a reproduction of an item in our
collection. The company even states on their website that the reproduction
is based on an item from our collection. I have looked through numerous
files to see if an agreement was made between our museum and the company,
but have not found anything. The item was made in the 18th century so it is
in the public domain, but I'm wondering if as a museum we have any rights
to contact the company and start charging usage fees or something of the
sort. I am not sure how long they have been selling this item either so
that complicates the situation.
It is our current policy to charge usage fees for any of our images in our
collection so we are familiar with that process but not with reproductions
of 3-dimensional items from our collection which are then sold by another
company.
I just have some concerns since they are using our name to promote the
authenticity of their reproduction without any known consent from us. Any
suggestions as to what to do next?
Cindy Mackey
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