It's pretty common practice to PI art in a publication but it occurred to me
that this might not be enforceable in most cases given that a great deal of
art is contracted from freelancers with non-exclusive rights.

For example, I produce a supplement and hire artists with a non-exclusive
contract then include that art in my product and make a claim such as "all
art is Product Identity". Publisher X then comes along, uses some of my open
content text and then contacts the artists I used and pays them for
non-exlcusive rights to the art that appeared in my product. Even though
PubX includes my publication in their Section 15, and thus must abide by my
PI designations, since I signed a non-exclusive contract with the artist I
don't have the right to actually claim PI on the art and thus PubX can
include the art I used in their material. At least my suspicion is that this
is the way a court of law would see it if the case ever got to one.


Steven Palmer Peterson
www.Second-World-Simulations.com

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