I'm no expert on copyright law (I have enough trouble with the
     Canadian Copyright Act, and no knowledge of American copyright laws),
     but it's my understanding that if an organization commissions a
     photographer to make a photograph, copyright is held by the
     organization.

     Can anyone else clarify if copyright is an issue that needs to be
     addressed in this situation?



     Tim McShane
     Parks Canada Curatorial Assistant
     (also, Co-Chair of the Arrow 2000 Project Museum Division)


______________________________ Reply Separator ____________________________
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Subject: Re: Reproduction rights for magazine ads
Author:  Museum discussion list <[log in to unmask]> (Maureen
Daly
<[log in to unmask]>) at PCH
Date:    12/9/98 3:02 PM





 Candace:

 The fee you charge can be anything really. Are the requests coming from
 an ad agency? Then your "market" for comparison is the stock photo
 market. I do have another question for you . You said that a commercial
 photographer took the original photo. Is he or she getting a fee? They
 should since they have the copyright and your usage was okayed by
 him/her. Assuming the photographer has a fee, that should be factored
 into the rate you charge, assuming you handle getting his permission.
 All this is mute if he/she transferred all rights to you.

 Maureen Daly
 William F. Eisner Advertising & Design Museum
 Milwaukee WI 53202
 414-276-7889
 [log in to unmask]