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On page 127 in the Seventh Edition of Black`s Law Dictionary, "authentication" is defined as: "Broadly, the act of proving that something (as a document) is true or genuine, esp. so that it may be admitted as evidence."
WHAT IS A LITHOGRAPH? A lithograph is drawing by the artist on a limestone block, metal plate or mylar. The artist drawn image is the tool. The tool is then used by the artist to print their edition of lithographs. Like any original work of visual art, a lithograph is created by the artist. The only difference between an artist created and printed lithograph and an artist created painting, is the lithographic creative medium allows for more than one original.
Here are four independent documented definitions that confirm the perspective that lithographs are original works of visual art created by an artist: 1. In U.S. Custom`s April 2006 An Informed Compliance Publication titled Works of Art, Collector`s Pieces Antiques, and Other Cultural Property, it states: "The expression original engravings, prints and lithographs means impressions produced directly, in black and white or in color, of one or of several plates wholly executed by hand by the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process." 2. In A GUIDE TO THE COLLECTING AND CARE OF ORIGINAL PRINTS sponsored by the The Print Council of America and authored by Carl Zigrosser and Christa M. Gaehde, the authors write: "An original print is a work of art, the general requirements of which are: a. The artist alone has created the master image in or upon the plate, stone, wood block or other material, for the purpose of creating the print. b. The print is made from the said material, by the artist or pursuant to his directions. c. The finished print is approved by the artist." 3. In The Fifth Edition of the Artist`s Handbook of Materials and Techniques authored by Ralph Mayer, the author writes: "The major traditional graphic-arts processes of long standing and continued popularity are lithograph, etching, drypoint, woodcutting or wood engraving, aquatint, and soft-ground etching. ...The term `graphic arts` excludes all forms of mechanically reproduced works photographed or redrawn on plates; all processes in which the artist did not participate to his or her fullest capacity are reproductions." 4. In The Tamarind Book of Lithography: Art & Techniques, it states: "Any lithograph printed from a stone or plate conceived and executed by the artist is an original lithograph..." UNDER U.S. COPYRIGHT LAW, WHAT IS A WORK OF VISUAL ART? On U.S. Copyright Law`s www.copyright.gov/title17/92chap1.html101 website, under 101. Definitions, a "work of visual art" is defined as: "(1) a painting, drawing, print or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author."
WHAT IS A REPRODUCTION?
Under U.S. Copyright Law, 101. Definitions, a "derivative work" is
defined as: "a work based upon one or more preexisting works, such as - {an} art reproduction."
ONLY THE ARTIST CAN AUTHORIZE REPRODUCTIONS OF THEIR ORIGINAL WORKS OF VISUAL ART This confirmed under U.S. Copyright Law 106. Exclusive rights in copyrighted works, which in part states: "the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work."
BUT REPRODUCTIONS ARE OWNED BY THE PRINTER/FOUNDRY
Under U.S. Copyright Law, under 106A. Rights of certain authors to
attribution and integrity, it states: "the Rights of Attribution and Integrity -
shall not apply to any reproduction."
YES, ARTIST OWNS ORIGINAL BUT NOT THE REPRODUCTIONS This is confirmed by U.S. Copyright Law under 103. Subject matter of copyright: Compilations and derivative works , which in part states: "The copyright in a compilation or derivative work extends only to the material contributed by the author of such work."
In otherwords, if an artist has their artwork reproduced without getting the printer and/or foundry to reassign in writing those -reproduction rights- back to the artist, the printer and/or foundry would own those reproductions and would be only contractually obligated to give the artist the number of reproductions they paid for. All the overrruns, plates, negatives, digital files, molds and the like would be owned by the printer and/or the foundry and could, if they chose to do so, make more reproductions without the knowledge or permission of the artist.
PRINTING INDUSTRIES OF AMERICA PRACTICES THAT FACT
This is confirmed by the Printing Industries of America, Inc. in their published Printing Trade Customs, which in part, states: "6.
PREPARATORY MATERIALS Working mechanical art, type, negatives,
positives, flats, plates, and other items when supplied by the printer,
shall remain his exclusive property unless otherwise agreed in writing."
I hope the enclosed will assist artists, art dealers and consumers alike to understand the choices they may have. To learn more about these issues of authenticity and disclosure, please link to: http://garyarseneau.blogspot.com
Gary Arseneau
www.GaryArseneau.com
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