Re: Re: Re: Re: Re: definition of

Subject: Re: Re: Re: Re: Re: Re: definition of

Comments:
: : : : : : 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. : : : : : Dear Cygnet, : : : : : The facts haavae to be precicely analized to determine the rights. If you were to be sued, How much damage could they prove? : : : : : M. Arthur Auslander : : : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : : : 505 Eighth Avenue, New York, NY 10018 : : : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : : : ELAINE's Workshop® : : : : : E arly L egal A dvice I s N ot E xpensive™ : : : : : Reality Check® : : : : Thanks for responding. There would be/are no damages at all. Nothing has been sold or compromised. The exhibit is not even up anymore. Also, it is VERY common practice for people at professional conferences to speak about, show photos of, and display text from exhibits they have worked on or are working on. The people organizing the conference have been astounded at the museum's response, saying they have never encountered this type of refusal before. Of course, if someone "stole" the label and used it in another exhibit or publication, the museum woudl have every right to stop them. But that could happen from someone walking in the museum and writing it down. They don't have to get it from me. : : : Dear Cygnet, : : : An employer can bully you and possibily fire you but from what you say there should be no personal problem unless a review of the agreement and the facts shows otherwise. : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop® : : : E arly L egal A dvice I s N ot E xpensive™ : : : Reality Check® : : Well, they can't fire me, as I haven't worked there in several years. The specific sentence that seems most applicable in their agreement is as follows: "Intellectual property rights includes the exclusive right to reproduce copies, adapt, publicly distribute, publicly display, publicly perform, manufacture, use and sell the workproduct, and the right to authorize other persons to do so." : : This is why I think a big part of this comes down to the definition of "public," unless of course the "fair use" exemption would apply since it is just a tiny part of a much larger work. : Dear Cygnet, : There is no more to be said. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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