Hello,
The laws are a bit different on either side of the border but I was definitely thinking about works created/commissioned as an employee. Though this may even be different down there as well. My apologies but I would still recommend including transfer of copyright, waiving of moral rights (or US equivalent) in your deed of gift.
William Shepherd
Collections Officer
Swift Current Museum
44 Robert Street West
Swift Current, Saskatchewan
S9H 4M9
Phone: 306-778-4815
Fax: 306-778-4818
From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Randy Little
Sent: Tuesday, October 11, 2016 3:44 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Paperwork need for a commissioned work
This is just not true. Commissioned works DO NOT MEAN work for hire unless the contract STATES work for hire. I am commissioned to do work all the time that I retain the copyright on.
Randy S. Little
http://www.rslittle.com/
http://www.imdb.com/name/nm2325729/
On Tue, Oct 11, 2016 at 5:17 PM, William Shepherd <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Hello Leonard,
Maybe the laws are a bit different south of the border but your institution would already have ownership and any associated copyright since you commissioned the artist to do the work; however, you mention a contact. Depending on the wording of the contract this could change the ‘automatic terms’ of commissioning a work. If a Deed of Gift or transfer of ownership of some kind is needed based on the terms of the contract then you could use your regular paperwork but I would specify that it is going into the study collection versus the permanent collection if you don’t indicate this somewhere on the paperwork already. In the future I wouldn’t include the need for a transfer of ownership in a contract when commissioning an artist unless it is needed for US federal/state law as the contract with the artist should deal with this.
Your deed of gift may already include transferring any associated copyright as part of the transfer of ownership. If it doesn’t I would include it in the future. In Canada we also have moral rights, likely you have something similar, these cannot be transferred, only waived. I would include this in your terms of the deed of gift as well so the artist cannot cause problems in the use of the works down the road. Depending on the law down there commissioning a work would already transfer copyright to you unless the contract states otherwise so you may already be covered in this part but the deed of gift should cover it as well.
Hopefully this helps!
William Shepherd
Collections Officer
Swift Current Museum
44 Robert Street West
Swift Current, Saskatchewan
S9H 4M9
Phone: 306-778-4815<tel:306-778-4815>
Fax: 306-778-4818<tel:306-778-4818>
From: Museum discussion list [mailto:[log in to unmask]<mailto:[log in to unmask]>] On Behalf Of leonard cicero
Sent: Tuesday, October 11, 2016 10:11 AM
To: [log in to unmask]<mailto:[log in to unmask]>
Subject: [MUSEUM-L] Paperwork need for a commissioned work
Hi All,
I have been tasked with creating a Deed of Gift for a couple of hand painted (replica) signs that my institution commissioned from an artist. The contract with said artist states that a deed of gift will be sent after receipt of the works. The works will likely be added to our study collection but not our permanent collection.
My question to you is: Is a Deed of Gift the correct paperwork? If not, what is? Also, do I need the consigned artist to sign a transfer of Copyright?
Thanks in advance,
Leonard M. Cicero
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