No doubt this has been hashed out before but I've not found anything explicit 
on this subject. I am wondering if any consensus has been reached in the museum 
field.

The copyright law says that works published before 1923 are in the public 
domain. For the purposes of museum objects, what constitutes publication? Does 
public exhibition of a unique work satisfy the publication requirement? What 
about publication of an image of a unique work in a catalogue or brochure  or 
periodical prior to 1923? Do print editions constitute publication? Are 
mass-produced objects (furniture, utensils, clocks, etc.) created for retail 
sales considered published? What if these items were designed by someone not 
working for hire, whose death date is 1935 or later? There are undoubtedly many 
other related questions, but perhaps that is enough for now.

If any of you are subscribed to the RARIN list (there is one, right?) would you 
consider posting my query there with a request to send responses directly to 
me? I would be happy to post a synopsis to MCN-L later.

Will Real
Carnegie Museum of Art

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