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The Artist's Reserved Rights Transfer and Sale Agreement (also known as the Artist's Contract or Projansky Deal) is an open-source [citation needed] legal contract for the transfer and sale of an individual work of art in any medium, material or immaterial, including digital art. [1] The agreement was conceived by curator, dealer, and publisher ...
1) The copyright transfer contract was not limited to five years because the agreement dealt in minimum requirements. 2) A transfer of the copyright for the production of a play on stage does not grant the ability to make a motion picture based on the play.
The clause was interpreted as two distinct powers: the power to secure for limited times to authors the exclusive right to their writings is the basis for U.S. copyright law, and the power to secure for limited times to inventors the exclusive rights to their discoveries is the basis for U.S. patent law.
This is the first case in which a document, not itself a contract or agreement and containing no reference to the copyrights, was considered a "note or memorandum" of copyright transfer, and the first time a sole owner of a company was designated a work for hire for copyright ownership purposes.
The simple reason is that the license terms negotiated with the copyright owner may be much less expensive than defending against a copyright suit, or having the mere possibility of a lawsuit threaten the publication of a work in which a publisher has invested significant resources. Fair use rights take precedence over the author's interest.
The copyright law of the United States grants monopoly protection for "original works of authorship". [1] [2] With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These ...