Archived posting to the Leica Users Group, 2001/06/14

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Subject: Re: [Leica] Re: Copyright questions
From: Kip Babington <cbabing3@swbell.net>
Date: Thu, 14 Jun 2001 18:58:20 -0500
References: <4.1.20010614153644.01e3b100@xsj02.sjs.agilent.com>

I'm not a copyright or trademark lawyer, so I have to ask - if I buy a
sculpture from somebody, what do I buy, copyright-wise, as against the
original sculptor (or, perhaps, some intermediate owner who bought more
than I did and didn't pass all of it along?)

In the original question, it was noted that the sculpture was owned by a
private party who gave permission for the photograph.  Could that owner
make his own photos of the sculpture and sell them?  If not, why not? 
Or could he use the sculpture in a business that he owns?  Maybe put it
out in front of his office building and use a photo of the building (and
sculpture) in advertising for his company?  Surely others can come up
with lots of other hypotheticals.

I think consumer CDs, videos, DVDs, etc. now come packaged with a
statement that they're sold for noncommercial use only, so the buyer (at
least the original buyer) is on notice of retained rights.  But how does
that apply to a work of sculpture?  (I suppose the sculptor could attach
a small brass plate to an inconspicuous part of the work, setting out
the limits of use, but absent that . . .  :) ;) ;)

Just curious.

Cheers,
Kip

Replies: Reply from "Eric" <ericm@pobox.com> ([Leica] Re: Copyright questions)
Reply from "Mxsmanic" <mxsmanic@hotmail.com> (Re: [Leica] Re: Copyright questions)
In reply to: Message from Jim Brick <jim_brick@agilent.com> ([Leica] Re: Copyright questions)