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- LAW, Page 63Sculpture Clash
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- Who owns artistic copyrights?
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- When Baltimore artist James Earl Reid created a life-size
- statue of a homeless family, he intended it for an event called
- the Pageant of Peace. Instead of bringing peace, however, the
- sculpture has sparked a bitter legal battle over the nation's
- copyright laws.
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- The case began in 1985 when the Washington-based Community
- for Creative Non-Violence (CCNV) commissioned Reid to craft the
- sculpture. The CCNV, an advocacy group for the homeless, agreed
- to pay $15,000 for materials and other costs, and Reid agreed to
- donate his services. But after the statue was completed, the two
- sides started sparring over the copyright -- specifically, who
- would profit from using the sculpture's image on cards and
- calendars.
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- CCNV leader Mitch Snyder claims that Reid was merely
- carrying out his instructions. Counters Reid: "Whatever
- ingredients were involved in that work were synthesized through
- me." The U.S. Court of Appeals for the District of Columbia
- sent the case last May to a lower court to consider whether the
- parties jointly owned the copyright. Snyder appealed, and the
- case will be heard by the Supreme Court in March.
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- At the core of the dispute is the question of who owns the
- copyright to commissioned "intellectual property," be it art,
- writing, movies or computer software. Several federal courts of
- appeal have split on the issue when freelance work is involved.
- Since millions of dollars are potentially at stake down the
- line, Snyder's group has found itself allied with some major
- corporate interests. Supporting briefs have been filed by trade
- associations, whose members include I.B.M., Procter & Gamble
- and Dow Chemical, as well as publishing companies such as the
- New York Times Co., Time Inc. and the Hearst Corp. Reid has
- also managed to attract some influential supporters. The
- Justice Department has taken his side, as have two coalitions
- of artists who are worried about losing the rights to their
- artwork.
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