Re: Greetings, I also am not a lawyer

David F. Crosby <dfcrosby[_at_]earthlink.net> wrote:
>
> On another note, could the copyright owner compel the owner of the copy
> to present the copy for copying? i.e. could I get an court order
> requiring the museum to provide access to the copy for copying - for a
> reasonable fee? An easement to the copyright property - the right (to
> access) to make copies of a copy owned by another?

After the CCNV v. Reid decision and subsequent mediation, the issue of access to the original arose. Reid wanted temporary possession of the statue in order to make a mold for three-dimensional reproductions, for which he had exclusive right under a consent judgment. CCNV refused to allow Reid access to the statue. The district court (D.D.C. 1991) held that "Reid is entitled to a limited possessory right of his own, in the nature of an implied easement of necessity, to cause the master mold to be made of the sculpture, whereupon it shall be returned promptly to CCNV." Under certain facts, it is possible.

Rob Kasunic
rkasunic[_at_]kasunic.com Received on Wed Oct 29 1997 - 00:24:01 GMT