File puptcrit/puptcrit.0810, message 135


From: Rolande Duprey <Puppetpro-AT-aol.com>
To: puptcrit-AT-puptcrit.org
Date: Wed, 8 Oct 2008 12:45:01 -0400
Subject: Re: [Puptcrit] Patent Infringement


By the way, along these lines,

A student doing work at a University automatically gives over the  
rights of that work to the University.

At least, that's what it was at UConn.


Rolande



On Oct 8, 2008, at 12:25 PM, Ed Atkeson wrote:

>
>> In U.S. copyright law additional rights to an artwork remain with the
>> artist unless they are transferred by a signed statement.
>>
>>>> Again, I hold that in this case, even though the builder/creator
> has
> created some art, it has been done for hire and the art is not  
> complete
> without the performing artist. The builder/creator has limited rights
> and the amount of those rights could go either way in court depending
> on how much is specified in the original agreement (which hopefully is
> in writing) and the terms of sale. It is not safe to assume rights.
> -------------------------------------------
> Hi Christopher.
> I contacted a copyright expert and her closing comment was:
> -------------------------------------------
> "It could be a puppet, a painting, an opera- whatever the form the
> central concept is the same- if ya ain't signed em away in a
> contract, ya owns the rights."
> -------------------------------------------
> This is the way the law reads. I felt obligated to speak up when I
> noticed that you had it backwards.
> towards a better understanding,
> Ed
>
> Art "done for hire" is different from "work for hire" which has a
> legal meaning. It means that you're either on staff or that you've
> signed a "work for hire" contract.
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