Re: historical objects

On 3/11/00, Harriet Sonne <hsonne[_at_]chass.utoronto.ca> wrote:
>
> Could someone direct me to information about "church property"
> versus "historical objects" in the public domain? I am interested
> in understanding if works of art or liturgical objects which may be
> several hundreds of years old are the property and, hence, copyright
> ownership of the Church in countries like Spain, Italy, Germany and
> France. Or are they considered to be works in the public domain?

Assuming that your email is not related to Canon law, in my view an argument can be made that works of art can become the trade dress and/or trademarks/service marks of the particular institution involved. This of course would limit the argument that every work of art in institutions like churches and art museums are entitled to some form of protection beyond the specific years of the particular copyright grants, but also would permit some protection of the few works that are so related to a particular church or location (such as the Sistine Chapel's frescos, the Last Supper fresco in Milan and the Lying Buddah in Bangkok) so that it has been absorbed as a trade identity. As we know, the moral rights of artists can be stronger in some countries and if heirs still exist might also affect works that were done generations ago.

Best wishes.

Cliff Potter

Quarles & Brady
Law Offices
<rcp[_at_]quarles.com>

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