Legal Question in Intellectual Property in Ohio
reproduction of conceptual, text-based art
I am organizing an exhibition of conceptual art that includes television, radio and text-based advertising by artists from the '60's through present day. Many of the works that I plan to show first appeared in magazines or other publications as simple statements, many without any image at all. Now I am interested in showing these works in their original publication context. Is the work owned by the artist, magazine, or does it exist as only as a concept with no authorship or property rights. I am also interested in reproducing one of these ''art ads'' in a contemporary publication, as it originally appeared. What are the copyright restrictions that I might face in doing so. What about the reproduction of television or radio advertisement? It is important to note that these works never existed singularly, but as multiple publications that were bought and paid for by the artist.
1 Answer from Attorneys
Re: reproduction of conceptual, text-based art
You should spend some time at www.uspto.gov re: copyright and tm issues. If you cannot find your answer there call or email me. You may have some fair comment rights, but you should in some instances seek permission. Will this be an educational text? Or sold for profit?