Re: Greetings, I also am not a lawyer

On Wed, 29 Oct 1997, Michael Bernstein <michael[_at_]cascadilla.com> wrote:
>
> Many collectors value their privacy (and that's not just the ones who
> buy stolen artwork). They'd be rather unhappy if copyright owners had
> the right to demand access to the work, unless there is a way to draw a
> distinction between demanding access and demanding information which is
> necessary to gain access.

While in this country you are arguably entitled to pursue happiness, success in the pursuit is far from guaranteed.

> However, as far as the museum example goes, the museum has the right to
> destroy the painting under the first sale doctrine. If they have that
> right, it's hard to imagine that they don't have the right to not
> destroy it, and keep it locked in storage instead. So allowing the
> copyright owner to compel access would seem to be an abrogation of the
> physical owner's rights under the first sale doctrine.

Actually, the museum's (or anyone else's) right to destroy the work are considerably circumscribed now by Copyright Act sec. 106A, which expressly disregards questions of title in the object.

• 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 *
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