Chris,

Why is this an issue for your museum? Are you concerned that by providing access to the work in your collection that you are aiding in a possible infringement?  To what extent is the artist asking the museum to assist her in creating this (possibly) "derivative work?"

Consider that there are also fair use exceptions to copyrights.  See the humorous but informative clip at: http://www.youtube.com/watch?v=CJn_jC4FNDo

IP issues are very fact sensitive, and different jurisdictions notoriously interpret the fair use exceptions differently.  Given these issues, the artist (and maybe the museum, but on the facts presented it's not clear what your involvement is) should speak with an attorney.  Many states have Volunteer Lawyers for the Arts organizations, and this is a good place to start.

Nothing in this post should be considered legal advice.

Robert Vosburgh, Jr., Esq.
Associate Professor
Director, Museum Communication Program
University of the Arts

 


 

 

-----Original Message-----
From: Chris Goodlett <[log in to unmask]>
To: [log in to unmask]
Sent: Thu, Jan 7, 2010 9:52 am
Subject: Stylistic Reproductions-Copyright Issues?


Dear List Members:
 
We recently received a request from an artist to incorporate artwork from artist Paul Sawyier into a project.  She plans to use his original artwork as a reference and essentially reproduce them as part of a public art project.  She isn't using the same medium and, stylistically, the reproductions will be different from the originals. It seems she'll also be very forward in informing the public that her work reproduces/borrows from Sawyier.  The reason this question came to us is that one of the works she's interested in is from our collection.
 
So, the question is what are the relevant copyright issues here? Does this artist need permission to reproduce this work in such a manner?
 
Thanks for any help you can provide.
 
Chris Goodlett
Curator
Kentucky Historical Society
                       

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