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Just wanted to say thanks to all for the input.
Extremely helpful.

Kind regards,
Sharon

Sharon Birzer | Birzer Studios 

T 206 601 4142 | Seattle, WA 

www.sharonbirzer.com

www.gnsinw.org/sharon-birzer.html

http://fryemuseum.org/event/4993/


From: "SCIART-L automatic digest system" <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, June 11, 2013 10:00:02 PM
Subject: SCIART-L Digest - 10 Jun 2013 to 11 Jun 2013 (#2013-6)

There are 5 messages totaling 806 lines in this issue.

Topics of the day:

  1. protecting your intellectual property (2)
  2. Copyright and web use question (3)

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Date:    Tue, 11 Jun 2013 06:46:50 -0600
From:    Pam Little <[log in to unmask]>
Subject: protecting your intellectual property

 From the article: "When artists come to the realization that their
works are worthy and important, no matter what the media may be, the art
world can begin to change. When they don’t enforce their rights and
simply move on to another product line, their apathy to the problem
simply allows for the perpetuation of the problem and confirms to
infringers that most artists won’t do anything about theft."

http://www.artsyshark.com/2013/06/11/intellectual-property/


On 6/10/2013 9:05 PM, James A Perkins wrote:
> As Britt, Jeff, and others have pointed out, Chuck's assertion that
> copyright automatically transfers with the original artwork is dead wrong.
> Here is the relevant passage from Title 17, Chapter 2, Section 202 of U.S.
> Copyright Law:
>
> "§ 202 . Ownership of copyright as distinct from ownership of material
> object
> Ownership of a copyright, or of any of the exclusive rights under a
> copyright, is distinct from ownership of any material object in which the
> work is embodied. Transfer of ownership of any material object, including
> the copy or phonorecord in which the work is first fixed, does not of
> itself convey any rights in the copyrighted work embodied in the object;
> nor, in the absence of an agreement, does transfer of ownership of a
> copyright or of any exclusive rights under a copyright convey property
> rights in any material object."
>
>
> In other words, selling the original artwork does not also transfer the
> copyright (unless specified in a written contract) and, conversely,
> selling the copyright does not automatically transfer ownership of the
> original artwork. The only exception would be a work-made-for-hire
> agreement, in which the original artwork, all rough sketches and other
> preliminary work, as well as the full copyright belongs to the client.
>
>
> And agoutistudios said:
> "welll.  differs from state to state I spose."
>
> Nope. Copyright is governed by U.S. Law. It doesn't vary from state to
> state.
>
>
> Jim
>
>
>
> On 6/10/13 10:40 PM, "Griswold, Britt (GSFC-279.0)[Maslow Media Group,
> Inc]" <[log in to unmask]> wrote:
>
>> Chuck,
>>
>> Your statement is incorrect. Unless all rights are explicitly sold with
>> the painting, all the purchaser has purchased is a painting, not it's
>> reproduction rights. That is the way the copyright law is set up.
>>
>> Britt
>>
>> On 2013-06-10, at 1:33 PM, "Benedict, Chuck A -FS"
>> <[log in to unmask]<mailto:[log in to unmask]>> wrote:
>>
>>> You sold the painting. You no longer own the painting. Assuming you
>>> made no claims to any rights when you sold it, all rights transferred to
>>> the new owner. The new owner can reproduce the painting any way she/he
>>> sees fit. You can place no restrictions on the use of the painting by
>>> the new owner. The new owner can place an image of the painting on any
>>> website he/she wishes, at any resolution she/he wants. Finally, it is up
>>> to the new owner to specify how, if at all, the image can be used by
>>> anyone viewing it on the web. That's just how it is.
>>>
>> Need to leave or subscribe to the Sciart-L listserv? Follow the
>> instructions at
>> http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv
> Need to leave or subscribe to the Sciart-L listserv? Follow the instructions at
> http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv
>
>

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------------------------------

Date:    Tue, 11 Jun 2013 13:08:56 +0000
From:    "Benedict, Chuck A -FS" <[log in to unmask]>
Subject: Re: Copyright and web use question

Good luck with that.

-----Original Message-----
From: SciArt-L Discussion List-for Natural Science Illustration- [mailto:[log in to unmask]] On Behalf Of Jeff Swanson
Sent: Monday, June 10, 2013 4:19 PM
To: [log in to unmask]
Subject: Re: [SCIART] Copyright and web use question

Nonsense.
Copyright must be explicitly sold or transferred separately from the object of art itself.
Jeff
.......................
Jeff K. Swanson
Swanson Creative
tel: (604) 469-1321
cel: (604) 767-4905
www.swansoncreative.ca
[log in to unmask]





On 2013-06-10, at 1:33 PM, "Benedict, Chuck A -FS" <[log in to unmask]> wrote:

> You sold the painting.  You no longer own the painting.  Assuming you made no claims to any rights when you sold it, all rights transferred to the new owner.  The new owner can reproduce the painting any way she/he sees fit.  You can place no restrictions on the use of the painting by the new owner.  The new owner can place an image of the painting on any website he/she wishes, at any resolution she/he wants.  Finally, it is up to the new owner to specify how, if at all, the image can be used by anyone viewing it on the web.  That's just how it is.
>
> -----Original Message-----
> From: SciArt-L Discussion List-for Natural Science Illustration-
> [mailto:[log in to unmask]] On Behalf Of Britt Griswold
> Sent: Monday, June 10, 2013 12:35 PM
> To: [log in to unmask]
> Subject: [SCIART] Copyright and web use question
>
> I would like to ask a questions regarding copyright; I sold a watercolor painting and the person who bought it would like to use it on their website as a added graphic element. I'm not sure how to word permission for them use it only on the website and how to protect it and prevent other uses from happening. I'm also not sure how to ask them to keep it low resolution on the website so it cannot get reproduced off their website.
>
> Thanks so much for any advice on all this.
>
> All my best,
> Sharon
>
> *Sharon Birzer*|*Birzer Studios*
>
>
> Need to leave or subscribe to the Sciart-L listserv? Follow the
> instructions at
> http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv
>
>
>
>
> This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.
>
> Need to leave or subscribe to the Sciart-L listserv? Follow the
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------------------------------

Date:    Tue, 11 Jun 2013 13:14:01 +0000
From:    "Benedict, Chuck A -FS" <[log in to unmask]>
Subject: Re: Copyright and web use question

I defer to the others.  See how wrong a person can be?  You learn something new every day.  I s'pect that's why we subscribe to this listserve.  To that end it has served a great purpose, today.

Thank you.

Chuck

From: SciArt-L Discussion List-for Natural Science Illustration- [mailto:[log in to unmask]] On Behalf Of Brie Dodson
Sent: Monday, June 10, 2013 4:40 PM
To: [log in to unmask]
Subject: Re: [SCIART] Copyright and web use question

Bravo. B

On Jun 10, 2013, at 05:19 PM, Jeff Swanson <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Nonsense.
Copyright must be explicitly sold or transferred separately from the object of art itself.
Jeff
.......................
Jeff K. Swanson
Swanson Creative
tel: (604) 469-1321
cel: (604) 767-4905
www.swansoncreative.ca<http://www.swansoncreative.ca>
[log in to unmask]<mailto:[log in to unmask]>





On 2013-06-10, at 1:33 PM, "Benedict, Chuck A -FS" <[log in to unmask]<mailto:[log in to unmask]>> wrote:

> You sold the painting. You no longer own the painting. Assuming you made no claims to any rights when you sold it, all rights transferred to the new owner. The new owner can reproduce the painting any way she/he sees fit. You can place no restrictions on the use of the painting by the new owner. The new owner can place an image of the painting on any website he/she wishes, at any resolution she/he wants. Finally, it is up to the new owner to specify how, if at all, the image can be used by anyone viewing it on the web. That's just how it is.
>
> -----Original Message-----
> From: SciArt-L Discussion List-for Natural Science Illustration- [mailto:[log in to unmask]<mailto:[log in to unmask]>] On Behalf Of Britt Griswold
> Sent: Monday, June 10, 2013 12:35 PM
> To: [log in to unmask]<mailto:[log in to unmask]>
> Subject: [SCIART] Copyright and web use question
>
> I would like to ask a questions regarding copyright; I sold a watercolor painting and the person who bought it would like to use it on their website as a added graphic element. I'm not sure how to word permission for them use it only on the website and how to protect it and prevent other uses from happening. I'm also not sure how to ask them to keep it low resolution on the website so it cannot get reproduced off their website.
>
> Thanks so much for any advice on all this.
>
> All my best,
> Sharon
>
> *Sharon Birzer*|*Birzer Studios*
>
>
> Need to leave or subscribe to the Sciart-L listserv? Follow the instructions at http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv
>
>
>
>
> This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.
>
> Need to leave or subscribe to the Sciart-L listserv? Follow the instructions at
> http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv

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________________________________________________

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------------------------------

Date:    Tue, 11 Jun 2013 14:36:39 -0400
From:    Britt Griswold <[log in to unmask]>
Subject: Re: Copyright and web use question

That is up to a judge. The terms are Derivitive and Transformative. The Original artist controls
Derivitive works, the new artist controls Transformative works.

Good luck marking the dividing line.... toady Warhole might be in trouble if the work he used was by
another recent commercial artist.

Britt

On 6/10/13 10:49 PM, cameron slayden wrote:
> Can the new owner use the painting in their own artwork and then resell that, Warhol style?
>
>
> On Mon, Jun 10, 2013 at 10:40 PM, Griswold, Britt (GSFC-279.0)[Maslow Media Group, Inc]
> <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
>     Chuck,
>
>     Your statement is incorrect. Unless all rights are explicitly sold with the painting, all the
>     purchaser has purchased is a painting, not it's reproduction rights. That is the way the
>     copyright law is set up.
>
>     Britt

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------------------------------

Date:    Tue, 11 Jun 2013 23:10:41 -0400
From:    Glendon Mellow <[log in to unmask]>
Subject: Re: protecting your intellectual property

As I've said before, I believe having a strong online presence helps you to
protect yourself. Fans are there for support, and importantly, know where
to report abuses *to*.

It's Time for Illustrators to Take Back the
Net<http://blogs.scientificamerican.com/symbiartic/2011/09/09/its-time-for-illustrators-to-take-back-the-net/>
Science Communication's Image
Problem<http://blogs.scientificamerican.com/symbiartic/2013/04/24/science-communication-image-problem/>

Warning: both written by me.




On 11 June 2013 08:46, Pam Little <[log in to unmask]> wrote:

> From the article: "When artists come to the realization that their works
> are worthy and important, no matter what the media may be, the art world
> can begin to change. When they don’t enforce their rights and simply move
> on to another product line, their apathy to the problem simply allows for
> the perpetuation of the problem and confirms to infringers that most
> artists won’t do anything about theft."
>
> http://www.artsyshark.com/**2013/06/11/intellectual-**property/<http://www.artsyshark.com/2013/06/11/intellectual-property/>
>
>
> On 6/10/2013 9:05 PM, James A Perkins wrote:
>
>> As Britt, Jeff, and others have pointed out, Chuck's assertion that
>> copyright automatically transfers with the original artwork is dead wrong.
>> Here is the relevant passage from Title 17, Chapter 2, Section 202 of U.S.
>> Copyright Law:
>>
>> "§ 202 . Ownership of copyright as distinct from ownership of material
>> object
>> Ownership of a copyright, or of any of the exclusive rights under a
>> copyright, is distinct from ownership of any material object in which the
>> work is embodied. Transfer of ownership of any material object, including
>> the copy or phonorecord in which the work is first fixed, does not of
>> itself convey any rights in the copyrighted work embodied in the object;
>> nor, in the absence of an agreement, does transfer of ownership of a
>> copyright or of any exclusive rights under a copyright convey property
>> rights in any material object."
>>
>>
>> In other words, selling the original artwork does not also transfer the
>> copyright (unless specified in a written contract) and, conversely,
>> selling the copyright does not automatically transfer ownership of the
>> original artwork. The only exception would be a work-made-for-hire
>> agreement, in which the original artwork, all rough sketches and other
>> preliminary work, as well as the full copyright belongs to the client.
>>
>>
>> And agoutistudios said:
>> "welll.  differs from state to state I spose."
>>
>> Nope. Copyright is governed by U.S. Law. It doesn't vary from state to
>> state.
>>
>>
>> Jim
>>
>>
>>
>> On 6/10/13 10:40 PM, "Griswold, Britt (GSFC-279.0)[Maslow Media Group,
>> Inc]" <[log in to unmask]**GOV <[log in to unmask]>>
>> wrote:
>>
>>  Chuck,
>>>
>>> Your statement is incorrect. Unless all rights are explicitly sold with
>>> the painting, all the purchaser has purchased is a painting, not it's
>>> reproduction rights. That is the way the copyright law is set up.
>>>
>>> Britt
>>>
>>> On 2013-06-10, at 1:33 PM, "Benedict, Chuck A -FS"
>>> <[log in to unmask]<mailto:c**[log in to unmask]<[log in to unmask]>>>
>>> wrote:
>>>
>>>  You sold the painting. You no longer own the painting. Assuming you
>>>> made no claims to any rights when you sold it, all rights transferred to
>>>> the new owner. The new owner can reproduce the painting any way she/he
>>>> sees fit. You can place no restrictions on the use of the painting by
>>>> the new owner. The new owner can place an image of the painting on any
>>>> website he/she wishes, at any resolution she/he wants. Finally, it is up
>>>> to the new owner to specify how, if at all, the image can be used by
>>>> anyone viewing it on the web. That's just how it is.
>>>>
>>>>  Need to leave or subscribe to the Sciart-L listserv? Follow the
>>> instructions at
>>> http://www.gnsi.org/resources/**reviews/gnsi-sciart-l-listserv<http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv>
>>>
>> Need to leave or subscribe to the Sciart-L listserv? Follow the
>> instructions at
>> http://www.gnsi.org/resources/**reviews/gnsi-sciart-l-listserv<http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv>
>>
>>
>>
> Need to leave or subscribe to the Sciart-L listserv? Follow the
> instructions at
> http://www.gnsi.org/resources/**reviews/gnsi-sciart-l-listserv<http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv>
>



--
--
Glendon Mellow
Art in Awe of Science
http://www.glendonmellow.com

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End of SCIART-L Digest - 10 Jun 2013 to 11 Jun 2013 (#2013-6)
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