definition of "public" in an intellectual property agreement
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Posted by Cygnet on June 18, 2002 at 12:00:04:
In the course of my work at a museum I signed an agreement that my creative work was "work for hire." I want to use one small sample of my work done for that museum in a presentation at a professional conference.I get no money for this, in fact I have to pay to go to the conference. The excerpt of the work is not published, simply shown while I talk about it. The museum says they can prohibit me from doing this. Most of their argument comes down to the definitionof the word "public." They say a professional conference (paid attendance) is a "public" venue, and that gives them the right to prohibit this use. I think it is not a public venue, and besides, a short excerpt used this way is equivalent to using a quotation from a book in a professional journal article, and thus can be used under the "fair use" exemption. The item in question is a 17-word label from an exhibit with about 35 labels. Who is right? This seems like a gag order, and I am tempted to tell them to sue me if they want to prohibit me from talking about it.
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