File puptcrit/puptcrit.0810, message 128


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
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