Re: Greetings, I also am not a lawyer

Rob Kasunic <rkasunic[_at_]kasunic.com> wrote:
>
> 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.

The 4th circuit may have implicitly taken a different position. See Frasier v. Adams-Sandler, Inc., 94 F3d 129 (4th Cir. 1996) (no infringement of photographs where the defendant merely withholds slides from the copyright owner).

Laurence R. Helfer
Associate Professor of Law
Loyola Law School
919 S. Albany Street
Los Angeles, CA 90015
(213) 736-1467
lhelfer[_at_]lmulaw.lmu.edu Received on Wed Oct 29 1997 - 21:27:39 GMT