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]> 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 > > Fax: 306-778-4818 > > > > *From:* Museum discussion list [mailto:[log in to unmask]] *On > Behalf Of *leonard cicero > *Sent:* Tuesday, October 11, 2016 10:11 AM > *To:* [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 > > > ------------------------------ > > To unsubscribe from the MUSEUM-L list, click the following link: > http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 > > ------------------------------ > > To unsubscribe from the MUSEUM-L list, click the following link: > http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 > ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes). If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).