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Re: copyright



My interest in this issue as a publisher and producer may be obvious; my
interest as a conservator less so, but there is an interest.

Some years ago, in California, a paintings conservator sought recognition
in an exhibit catalog for the losses which s/he inpainted.  I do not recall
how the issue was resolved in that case, but during that time my treatment
proposal was changed to include a sentence stating that "The written and
photographic documentation of this (these) artifact(s) is the property of
the Thompson Conservation Laboratory and may be used for educational,
research, analytical and statistical purposes at the sole discretion of the
Thompson Conservation Laboratory."

Now, if I deliver an illustrated paper before a group of bookbinders or
conservators at a conference and the papers are collected and printed as
post-prints, or a journal issue, including, for instance, before and after
photographs of a treatment, I had permission to use the photographs and
conveyed that permission to the organization publishing the post-prints or
journal.

If my documentation files end up with an organization set up to receive
such files from retired/deceased conservators, my rights in the files will
also be conveyed to the organization.

I'm not an attorney, and the attorney consulted was only willing to hazard
that, depending upon whose ox might be gored, it could be alright.
Maybe....

Jack

-cut-

>The right of attribution ensures that artists are correctly identified with
>the works of art they create and that they are not identified with works
>created by others.

-cut-

>In the case of works made for hire, the employer and not the employee is
>presumptively considered the author.  Section 101 of the copyright statute
>defines a "work made for hire" as:

>(1) a work prepared by an employee within the scope of his or  her
>employment; or

>(2) a work specially ordered or commissioned for use as a  contribution to
>a collective work...if the parties expressly agree in a written instrument
>signed by them that the work shall be considered a work made for hire.

-cut-

>Richard
>http://www.minsky.com

                             Jack C. Thompson
                    Thompson Conservation Laboratory
                 The Caber Press * Istor Productions
                           Portland, OR  97217
                        503/735-3942 (voice/fax)
                    jct@xxxxxxxx * tcl@xxxxxxxxxxxx
                http://www.teleport.com/~tcl/index.html

             "The lyf so short; the craft so long to lerne"
                  Chaucer, <The Parlement of Foules> 1386 A.D.


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