museum rights

> The museums hold the rights to the work in their
> collections.

But if the copyright has expired in the painting, then copyright cannot be the basis of the museum's rights. If there is no copyright and the museum did not object to the taking of the picture at the time it was taken, then what is the basis of the museum's right to object at a future date?

Mary Brandt Jensen       	   "The definition is pursued to its logical
Professor of Law                   conclusion in a long series of cases. 
University of South Dakota         ... We do not pause to consider whether
School of Law			   a statute differently conceived and 
414 E. Clark St.		   framed would yield results more 
Vermillion, SD 57069-2390	   consonant with fairness and reason.
(605) 677 6363			   We take the statute as we find it."
(605) 677 6357 fax		   Benjamin Cardozo, Anderson v. Wilson
CNICOPY[_at_]CHARLIE.USD.EDU		   289 U.S. 20, 27 (1933)
****************************************************************************




>          Last year I assisted a colleague in obtaining permission

>          from MOMA to use a slide of a Rousseau in its collection.

>          We most certainly had to obtain clearance.  MOMA further

>          insisted that we purchase a slide from MOMA's own

>          collection.  MOMA seeks to avoid inferior reproductions of

>          its paintings.

>

>          For more information, see, e.g., Marie C. Malaro, "A Legal

>          Primer on Managing Museum Collections" (Smithsonian

>          Institution Press 1985), p. 121, "Request for Permission to

>          Reproduce Museum Holdings".



                              Francine Alfandary
                              Columbia Law School