From: Ed Atkeson <edatkeson-AT-earthlink.net> Date: Tue, 7 Oct 2008 18:06:23 -0400 To: puptcrit-AT-puptcrit.org Subject: Re: [Puptcrit] Patent Infringement >>> In terms of puppetry, if you hired someone to create/invent a puppet for you, you would own the puppet. The creative person gives up the rights to that product unless there has been a contract stating otherwise. This does not cause frustration, it cause more creativity. Christopher ---------------------------------- Christopher I agree about the work for hire, and like you say, "work for hire" means that you are on staff somewhere and are going to a shop where workspace is provided, utilities are paid etc. "Work for hire" does not apply to freelancers, unless there is a "work for hire" agreement signed by the artist. You lost me on the last paragraph. I don't get your point about an artist not being frustrated when someone buys her creation for casual use and then starts a business and makes a ton of money with it. And how would that cause more creativity? I think the creator would retain some rights. no? What if the puppet was used in an ad or tv series, or even a bookcover. Wouldn't the creator retain negotiating rights in those cases? rights to a royalty? Sort of like a painting. You can buy a painting but you don't own the right to reproduce it in an ad or even a magazine article. The artist must sign additional rights over to the buyer who usually pays more for those rights. In U.S. copyright law additional rights to an artwork remain with the artist unless they are transferred by a signed statement. Somebody out there knows about this, I'm not in the business. But it seems like a puppet sale would be the same as any other art sale. The assumed use of the puppet at the time of sale would be important, seems to me. best, Ed _______________________________________________ List address: puptcrit-AT-puptcrit.org Admin interface: http://lists.puptcrit.org/mailman/listinfo/puptcrit Archives: http://www.driftline.org
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