Re: Greetings, I also am not a lawyer

On 10/25/97, Christopher Pesce <pesce[_at_]seanet.com> wrote:
>
> Vance, David: wait a second, what happened to the First Sale Doctrine?
> Section 109(c) expressly permits the owner of a legitimate copy (in this
> case the museum, which owns the "original" copy) to publicly display it,
> notwithstanding 106(5).

Speaking for myself now, I can see my fingers got out a little ahead of my brain. You are, of course, right about public display. However, the museum has no right to make reproductions of it, for example on greeting cards or in a catalogue, subject to any fair use defenses. Since museums often do want to use their objects in ways that cannot lawfully be done without the copyright owner's consent, it is wise for the museum to reach a modus vivendi with the artist or artist's heirs.

• Vance R. Koven * phone: 617-482-3852 *
• attorney at law * fax: 617-482-4972 *
• 20 Park Plaza Ste. 520 * net: vrkoven[_at_]world.std.com *
• Boston, MA 02116 * *

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