Re: "ARS" query from C. Pearson (fwd)

On 10/17/96, Lloyd J. Jassin wrote:
>
> ... Museums, galleries and collectors
> do not, as a rule, automatically obtain copyright in the works they
> acquire. However, the museum, gallery, stock house, or collector may
> control "access" to the work, and therefore reproduction rights, even
> if the work is in the public domain. Therefore, when you request
> permission to use a photographic or digital image, you are actually
> paying for the right to use the photographic or digital image, NOT the
> original artwork.

My impression was that under the 1909 Act most circuits held that the purchaser or donee of the original artwork obtained the copyright unless the parties agreed otherwise. In that case, and alas it would require a circuit by circuit search, the person seeking permission would have to get it from the museum, collector, or whomever.

Under the 1976 Act your statement would be correct.

Vance R. Koven
<vrkoven[_at_]world.std.com> Received on Mon Oct 21 1996 - 12:56:42 GMT