[SCA-AE] Re: Assignment v. Commission of scrolls

[F. Page Steinhardt]

I am not a legal expert, but as a professional photographer, and as a 
former member of one of the professional organisations that helped draft 
current copyright law, I believe Copyright belongs to the artist 
creating the work from the moment of actualisation (in this case first 
pen or brush stroke) until they specifically and in writing relinquish 
that copyright, or 70 years after their death. They may grant licence 
for reproduction, use etc. The case of someone creating artwork for 
another "commisioned pieces" etc. is similar to if I photograph a 
wedding or portrait session. I own copyright to each and every image I 
create. Generally in the case of weddings I give my customers the 
negatives/digital files, and specifically grant them licence to make 
reproductions of those images in whatever manner they choose, but most 
wedding photographers retain the negatives and all rights. If the 
photographer discovers that someone has made an unauthorized copy of 
those images, the photographer has a year from the discovery to register 
  the image with the govornment, at which point the violator is liable 
for $100,000 per unauthorized copy made. One of my professors at RIT 
made over half a million out of court on one copyright violation!

As far as copyright belonging to the commisioning body, that only 
applies if you are working professionally for a company or organisation, 
and creating such works is part of your job description, like a 
photographer working for the Syracuse Post Standard. If they make a 
photograph during the course of their job activities, it is probable 
that the Post Standard owns the copyright, although they may just own 
right of reproduction.

If you are curious about copyright law, the govornment website is at

http://www.copyright.gov/

-Thorpe




Philip Lewis wrote:

> From: Rob Baldassano <odlahorde at yahoo.com>
> 
>>Why not scan in your scroll and put it on the web for all to see? 
> 
> 
> I always though that it'd be nice to scan/photograph scrolls as they go out,
> to be hosted someplace on the web so that those in the back of the room can 
> see what folks are oooing and ahing over. (And those that couldn't attend the 
> event of course) 
> 
> Trouble is, I'm not in the market for really suggesting things
> that i'm not available to do myself. ;)
> 
> I've also heard some arguments against this as "it interfere's with 
> the artist's copyright of the work" or some such. (no i cannot cite
> a source... I've just heard of similar cases where that came into
> play)
> 
> I wonder, does the copyright of a piece given to a candidate:
> 1: stay with the artist
> 2: Get Transfered to the kingdom
> 3: transfered to the recipient.
> 
> ???
> I think work "commissioned" by the kingdom via signet's office would fall under:
> http://creativecommons.org/licenses/by-nc-sa/2.5/
> Though, i can see some artists wanting:
> http://creativecommons.org/licenses/by-nc-nd/2.5/
> 

-- 


http://www.sunshadowdesign.com

Without craftsmanship there is no art, only a sad suggestion of what
could have been.