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Copyright Questions (was Flash and Tripods in Museums)




Vaughan wrote (in part_:

<<We've just been discussing copyright on the list, and I'm sure more than a
few people here like to protect the copyright of their images. But here is
a scenario... let's say a museum buys one of your photographs for their
permanent collection (no archival/permanence discussions thanks). Do they
also buy the copyright to that image? Does that image automatically fall
into the public domain? My gut feeling is "no" but I'd like others more
qualify to answer.

(I would also like to know: when you buy a painting from an artist, do you
also buy the copyright, especially the right to reproduce it as a postcard?)>>
----------
Vaughan, the laws in each country will be different, but in the US, copyright 
can only be transferred to someone else through separate legal document. When 
someone buys a painting or photograph from you, they are purchasing the right 
of possession, but no other rights -- unless you grant those to them in a 
written document. I recommend a contract of sale for any original work, in 
which the rights that are being purchased and the rights that are retained by 
you are simply and clearly written out.

To research this further from an Australian perspective, go to:

http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/index.html

Hope this helps!

Ken Johnston  /  Heartworks, Inc.  /  Dallas, TX  USA
An expert is a person who has made all the mistakes which can be made in a 
very narrow field.  -  Niels Bohr
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