The law defines the first holder of copyright as the author / creator. That is the assumption we go by when we state "(c) the artist" or "(c) the artist's estate" (if the artist is no longer alive) as the default.
Not to state that would make us extremely uncomfortable. 99 % of the time it is an accurate statement. It is rare for an artist to transfer copyright to another party. We have run into exactly one instance of that happening, in the 1920s. Amalyah -----Original Message----- From: mcn-l-bounces at mcn.edu [mailto:[email protected]] On Behalf Of Eve Sinaiko Sent: Tuesday, May 11, 2010 11:00 PM To: 'Museum Computer Network Listserv' Subject: Re: [MCN-L] IP SIG - orphan works question > 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 _______________________________________________ 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/
