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midmocurious

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  1. PG1067 - thank you very much for the reply. This is actually quite intriguing. "This needs to be addressed first. Did your father have a will? It sounds like he did," No will at all. I am now in the process, with my mother of working up an estate planning with a lawyer. I am assuming that all art left in the house is now my mothers. We are legally outlining what happens to the art if anything should happen to her. The estate/trust lawyer told me I need to talk to a copyright lawyer. I am having a very hard time finding one - but am still looking. "Have any of the copyrights been registered?" No. What exactly needs to be registered? Just the business name, the entire body of work or each individual piece of art? "In what state did your father live at the time of his death? In addition, as I have mentioned at least twice, community/marital property laws may come into play if the works in question were created during the marriage. Were they?" Most of the work - I would say 95% of it was done during the marriage. Not sure how you are using the term state? Missouri is the location and he was in a married state when he died. Thanks again.
  2. Thanks for the reply - it is helpful and I understand the art and the copyright are 2 separate things. Here is the situation. Father is gone - no specific will left regarding copyright Each of us kids have 30 - 50 pieces of art. Mother has well over 2000 pieces of art. there are about 200 pieces out in the wild so to speak. I have started a business marketing the art about 2 years ago - including prints, web presence, gallery showings and the selling of some of the originals - all with my mothers consent and the other siblings consent. I have professional images of most of the art that each kid owns and a lot of the art my mother has. All this was done with everyone consent. One of the siblings is now unhappy regarding the business and wants to branch out on his/her own. My mother, one of the other siblings and I would like to keep this business centralized to protect print quality, inventory (limited prints) and framing quality - but mostly we want to be fair. So what copyright rights does that sibling have now in relation to artwork not directly in his/her control? I suppose he/she can make images and market anything in his/her possession. Is he/she entitled to any digital images I have on hand? Is he/she entitled to make reproductions of art regardless of who owns it or must they get permission from the owner first?
  3. So something I am not understanding when it comes to the copyright. Spouse gets 50%, remaining siblings equally divide the remaining. What does this mean functionally? Based on this ""holds an individual interest in such work [and] has an independent right to use or license the use of the copyright . . . without the need to obtain the consent of the other coowners." " - who cares about who owns what % of the copyright? thanks
  4. Sorry - meant 33.3333.....% for each child of the total. Thanks for the other information.
  5. Hey all - thanks for all the replies. I am wading thru this stuff. I also made a call to the library of congress and talked to a very helpful person. Here is what she had to say. Since a will was not left, 1/2 of the copyright belongs to the spouse (my mother) There are 3 of us kids - so we each own 1/3 of the last half of the copyright. To do anything copyright related (making a print or other reproduction), there would need to be more than a 50% consensus - so either my mom and one sibling agreeing or all 3 kids agreeing. Does this seem right? Question for guys, I should have asked while I had her on the phone - sorry. What happens to my mothers half of the copyright claim when she passes? Can she specify in her will or will it default to 30% for each of the surviving children? Thanks.
  6. Hello - what happens to the copyright to Artwork once an artist dies? I would think the copyright - if not specified in the will - would go to the spouse? Is this correct? Thanks
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