RE: Thanks for your help and here's another question. . .

["Robert Panzer" <rpanzer@xxxxxxxxxxxxxx>]

Perhaps I am saying something Ms. Roberts knows already, but before she
contacts Gerten-Jackson, she needs to be certain that the Indianapolis
Museum is the copyright holder in the works of art in question.  Museums are
typically not copyright holders of the works in their collections.  The
artists (or estates) are, or the works are in the public domain. The museum
may make a claim to own copyrights in their photos of the art (rather than
the original work), but at best that is a very thin copyright and at worse,
if the original work is two dimensional, like a painting, the photo might
not contain enough originality to qualify for its own copyright (See
Bridgeman v. Corel).

Regarding the advertiser making oils, the above is also true.  Regardless of
copyright, if the advertiser tries to pass the oils off as originals, than
the Museum might have some claim relating to fraud and perhaps other laws.

Sincerely,


Robert Panzer

VAGA (Visual Artists and Galleries Association)
350 Fifth Avenue
Suite 2820
New York, NY  10118
tel: 212 736 6666
fax: 212 736 6767
rpanzer@xxxxxxxxxxxxxx



-----Original Message-----
From: Ruth Roberts [mailto:RRoberts@xxxxxxxxxxx]
Sent: Monday, October 04, 2004 12:01 PM
To: digital-copyright@xxxxxxxxxxxxxx
Cc: Harriet Warkel
Subject: Thanks for your help and here's another question. . .


Hello All,

Thank you for all your answers to my question regarding ) of book cover
images.  We were all in consensus and I feel much better.  Now I have
another mystery.

Several of our images appear (without our permission) on the following
website:

http://cgfa.sunsite.dk

It is a fine arts image library put together by a Carol Gerten-Jackson.
 I have e-mailed but with no response.  Does anyone know her
where-abouts?  She is obviously scanning images from catalogues and then
has an advertiser trying to sell oil copies of the images.  Our curators
are not a happy bunch and I can't find this lady.  You might want to
also spot check the site for any of your own images.  Thanks as always.

Ruth

Sincerely,

Ruth V. Roberts
Coordinator of Rights & Reproductions
Indianapolis Museum of Art
4000 Michigan Road
Indianapolis, Indiana 46208-3326
USA
Phone:  317-923-1331 ext. 171
Fax:   317-926-8931
Email:  rroberts@xxxxxxxxxxx