> Amalyah Keshet 
>
> I agree entirely with Peter, who has answered this question far more
elegantly than I could.
> 
> We never think twice about using the phrase "(c) the artist" as a default,
if that's the only
> information or best guess we have, or if the artist or copyright owner
doesn't answer our
> enquiries.

Amalyah (and others): When you put the phrase "(c) the artist" on an artwork
image, without having confirmed that the artist did indeed retain the
copyright, do you note (as Peter suggests) that this is a presumed
copyright? In publishing, the practice in such instances is usually to be
silent, rather than commit to print a copyright assertion that may be
erroneous. 

I like the idea of publishing a "presumed or probable copyright." It gives
the reader some guidance without absolutely confirming what may not be
correct. I'm thinking here of the confusions that arise when an artist's
estate has more than one heir, and with the copyright for a particular work
being gifted or assigned. The latter didn't happen too often in the past,
but it did arise occasionally and seems to be getting more common.

In print publishing, it has usually been the practice not to add a "(c) the
artist" notice unless the artist or estate has requested one in writing. I
think publishers would be very leery of adding copyright notices unless a
rights holder told them to do so, but in omitting that information, they are
probably contributing to the general confusion. I know of no practical
guidelines for publishers on this...  

Regards,
Eve Sinaiko
New York 



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