Legal Question in Intellectual Property in Arizona

fair use exclusion (copyright law ) / work done for hire

What limitations exist on the use, by a visual artist (solely for the purpose of legitimate self-representation in the marketplace) of their own work created under a 'work for hire' arrangement? The institution for which the work was created holds full copyright. What rights does the artist have (in order to secure employment) to the following: presentation of the work in a printed format (i.e. commercial directories used by art directors) on the internet (on websites associated with professional organizations or commercial art directories). No direct profit would be derived by the artist throught the use of individual works, although the artist would derive future profits from the exposure of his work. An example might be an artist who has worked, published and developed a body of work over a period of years under the aegis of an institution who finds it necessary to develop a freelance practice. Does the 'fair use' exclusion to copyright law apply, as the work might be seen to being produced for the purpose of 'critic�sm and comment?'


Asked on 9/12/02, 7:46 am

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: fair use exclusion (copyright law ) / work done for hire

There is no requirement under law that an employer give an employee any use of a work for hire. Generally, these questions would be answered by the employment agreement between the artist and employer. It is usual that the employee is given limited rights to use such works for portfolio samples, but that right may be limited by time or amount, etc.

FYI: What you ask has nothing to do with the "Fair Use" Doctrine, which applies in an educational context.

This posting does not constitute legal advice and no attorney-client relationship is created. This response is for general information purposes only and may or may not apply in your situation.

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Answered on 9/19/02, 8:30 pm


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