Re: Fine Art Reproductions

On 04/27/99, Joseph P. and Riolo <riolo[_at_]voicenet.com> wrote:
>
> On Thu, 22 Apr 1999, Tyler Ochoa <tochoa[_at_]law.whittier.edu> wrote:
> >
> > Actually, I WOULD require that owners of original PD works make them
> > available to the public for reproduction. It's a socialist notion
> > that's not likely to ever be adopted in the U.S., but I'm not trying
> > to hold museums to a higher standard. And I acknowledge that the
> > "how" of public access is a tough question.
>
> While I hate copyright almost all of my heart, I do not agree with
> the idea to force the private owners (as opposed to the public
> entities) make their legally acquired public domain works available
> to the public. It is their own private things and we have no
> business in nosing around their private collections.
>
> However, they have a moral obligation to the society and to the
> whole world in preserving the public domain works. If they cannot
> fulfill the moral obligation, they should at least make the public
> domain works available for reproduction or sale or both.

Two points in response. First, a moral obligation without any kind of enforcement mechanism (or even economic encouragement) is not likely to be effective. Second, while some museums are public entities, many are privately funded and operated. The only government subsidy is their non-profit tax status. A private/public distinction will therefore result in open access to only a limited number of works of fine art.

Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa[_at_]law.whittier.edu> Received on Thu Apr 29 1999 - 19:08:33 GMT