And since this thread has continued, should note that unless the work went direct from studio to museum, it's quite possible it was published under common practices of exhibition or exhibition advertising -- so no copyright, anyway.
--- On Sun, 11/21/10, Peter B. Hirtle <pbh6 at cornell.edu> wrote: From: Peter B. Hirtle <[email protected]> Subject: Re: [MCN-L] ??RE: Using old postcards to create new souvenirs: copyright? To: "Museum Computer Network Listserv" <mcn-l at mcn.edu> Date: Sunday, November 21, 2010, 5:43 AM Amalyah Keshet wrote: ?Just curious:? If a work by Matisse had been purchased for MoMA from Matisse or his dealer *in France*, would the Pushman Doctrine still have applied?? I suspect that French law would think otherwise.? Did the Doctrine apply only to works purchased in the US?? That is an interesting question.? Off the top of my head, I don?t know of any common law court cases that address this jurisdictional issue.? My guess would be that NY courts would conclude that a sale that took place in France would likely be governed by French law.? If MoMA had purchased a work in France for delivery to the US, however, the NY courts might be willing to claim jurisdiction ? and apply NY law ? even when French law would, as you note, be different. But this is primarily a theoretical issue.? I don?t foresee many museums trying to assert copyright ownership ? especially when they might still be liable for infringement outside of the U.S. Peter -----Inline Attachment Follows----- _______________________________________________ You are currently subscribed to mcn-l, the listserv of the Museum Computer Network (http://www.mcn.edu) To post to this list, send messages to: mcn-l at mcn.edu To unsubscribe or change mcn-l delivery options visit: http://toronto.mediatrope.com/mailman/listinfo/mcn-l The MCN-L archives can be found at: http://toronto.mediatrope.com/pipermail/mcn-l/
