Linda,

Here is a good overview of current US and International copyright law
from the RIAA site:

http://www.riaa.com/issues/copyright/laws.asp

Another site with actualy links to the US Copyright office, etc:

http://art-support.com/copyright.htm

Also a site with a search engine where you can search for specific
copyright holders on speciifc artists:

http://tyler.hrc.utexas.edu/

As a conservator I will often come up on  issues invovling copyright
and consultation with artist's or the owners of the copyrighted work.
Copyright also covers ANY activitiy that materially interacts with the
surface of the work and that may result is a material or visual
alteration. Copyright also covers the photography of the work unless
it is in a public space where fair use applies, and Copyright also
covers reproduction of the work as well.

So those of us who work on art objects with living artist's or works
created in the last 95 years have to be aware and responsible about
this. Some artist's / owners with title to the works are very specific
and particular while others less so.

The bottom line is that if ALL rights have not been expressly
transferred when the work is commissioned or purchased than you are
subject to whatever conditions for display, maintenance, or use that
the artist wishes to have followed.

You are right to consider these issues and to try to negotiate them
ahead of your purchase - but the artist is entirely within their
rights to exert as much or as little control over their work as they
want - and they may or may not desire to sell away ALL rights to you.
Or they may change the sale price if ALL rights will be surrended in
the purchase.

Good Luck!

Cheers!
Dave

David Harvey
Conservator
Los Angeles, California



On 2/8/07, Lindsey MacAllister <[log in to unmask]> wrote:
> Hello,
> My Museum is considering purchasing a sculpture from
> an artist who keeps a very close watch on their work.
> This is an artifact purchase, not work-for-hire.  That
> being said, I am on the prowl for information about
> what other institutions have agreed to regarding the
> transfer of copyright and intellectual property
> rights.
>
> I know the basics of copyright/photo copyright/IP, but
> since I have not been involved with many artifact
> purchases (primarily donations), this is a unique
> circumstance for me. We want to make the process go
> smoothly, but don't want to end up with a
> restriction-filled purchase.
>
> Here are a couple specific questions we have:
>
> Is your staff allowed to photograph the image for the
> institution's marketing and publicity purposes?
>
> How about for other purposes such as in Museum
> publications or merchandise?
>
> Do you have a clause that specifically transfers
> copyright to your institution?
>
> And/or, do you contact the seller (creator) each time
> you plan to use a museum-created image of the piece?
>
> This piece will be in an exhibit that allows
> photography.  The seller (creator) prefers that
> visitors do not photograph it.  Have you had an
> experience where photography was allowed except for a
> single piece? Has that worked?
>
> Any and all information you have will be helpful.  I
> searched the Museum-L archives but came up flat.
> Thanks in advance,
> Lindsey MacAllister
>
>
>
>
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