I want to know how to obtain permission to use a photo of a sculpture
by the artist Francis A. Jennings, who died in 1996.  I actually own
the piece of sculpture, which I purchased at auction in New York City
in 1996, after his death.  I would like to take a photo of my
sculpture and then use the photo for a cover of a book I am writing. 
Who is in charge of the estate and what is involved in obtaining
permission to use such a photo?  I have checked already with the
Artists' Rights Society, which does not represent this artist.  The
only reference to the artist I could find on line was to fact his
estate has given money to the Jewish Museum for its Russian Chagal
exhibit years ago.  I am currently already checking with the Jewish
Museum. Also, note that I have also already contacted the Doyle
Galleries in New York, where I purchased the scupture, and it was not
helpful in finding out what is involved in obtaining rights

---

Request for Question Clarification by pafalafa-ga on 12 Feb 2005 18:56 PST

sylk-ga,

Don't you just hate copyright conundrums?  They're so hard to pin down.

You're quite right in thinking that you need to arrange permission for
publishing a photograph of the sculpture, even though you own it
(unless the copyright tranferred with the sale of the sculpture...did
you check your original papers?).

I'll look into this one for you.  If you can, let me know a bit more
about the sculpture itself -- its name, date, even where it was
produced, if you happen to know that.

I'll see what I can find out for you.


pafalafa-ga

---

Clarification of Question by sylk-ga on 13 Feb 2005 05:13 PST

Hi!  Thanks for any help you can provide.  I am afraid I do not have
too much to offer.  The sculpture is an enormous copper structure
(about 8ft high!), and it is called "Fighting Couple."  According to
the Doyle Galleries, it was part of the artist's estate, but on the
bill of sale (I paid only $350.! for it), there is nothing else--i.e.
no rights, etc.)  I have no idea when it was made or where it was
produced, though I believe Mr. Jennings lived in New York for about
the last twenty years or more of his life.  Hope that helps.  Best,
sylkar

---

Clarification of Question by sylk-ga on 18 Feb 2005 08:12 PST

Hi!
Is there any activity on my question about obtaining rights on this
sculpture?  I have not heard anything since my clarification almost a
week ago.  Thanks, sylkar

---

Request for Question Clarification by pafalafa-ga on 18 Feb 2005 08:19 PST

sylk-ga,

Sorry for the prolonged silence.

I've found only one additional piece of information on Francis A.
Jennings -- actually, so far I've only found a reference to the
information!

There is a short biography of Jennings in a publication called "Who
Was Who in American Art", but I haven't found the actual text of the
biography yet (the text is available online, but the service that
makes it available charges a fee for viewing it, so I haven't accessed
it yet).

Beyond that, I haven't turned up anything that would lead to the
proper contacts for the Jennings estate.  I'm still looking though,
and will let you know if anything turns up.

pafalafa-ga

---

Clarification of Question by sylk-ga on 18 Feb 2005 10:50 PST

Hi!  I am reaching the same deadend.  I already paid for the blurb in
"Who's Who in Art?"  The one available on line charged me $50.!! and
had no recent information since 1973!  (And the entire blurb was about
a paragraph long!) What does one do legally when there is no info in
this case?  Thanks, Sylkar

---

Request for Question Clarification by pafalafa-ga on 18 Feb 2005 10:57 PST

Fifty bucks...Ouch!

AS for what to do now, the Copyright Office is seeking answers to the
very same question:


-----
http://www.copyright.gov/fedreg/2005/70fr3739.html

The Copyright Office seeks to examine the issues raised by ?orphan
works,? i.e., copyrighted works whose owners are difficult or even
impossible to locate. Concerns have been raised that the uncertainty
surrounding ownership of such works might needlessly discourage
subsequent creators and users from incorporating such works in new
creative efforts or making such works available to the public. This
notice requests written comments from all interested parties.
Specifically, the Office is seeking comments on whether there are
compelling concerns raised by orphan works that merit a legislative,
regulatory or other solution, and what type of solution could
effectively address these concerns without conflicting with the
legitimate interests of authors and right holders.
-----


I wish there was clear-cut guidance I could offer, but I'm afraid this
is a very messy area of law at the moment.

I'll let you know if I come up with anything else.

paf

---

Request for Question Clarification by pafalafa-ga on 06 Mar 2005 13:43 PST

I was reminded of your still-open question by humer-ga's recent
comment (below)...I hope you realize what a wonderful source of
information has been provided for you there, even without a final
answer to your query.

I wanted to add a bit of an update.  I sent the following note to NY
State Surrogate Court, but unfortunately, I have not received a reply:

==========
nycsurr@courts.state.ny.us 

    
Hello,
 
I would like some information on a probate will.
 
According to the NY Law Journal of June 18, 1996, the will of Francis
A Jennings was admitted to probate, and is listed under the heading
"Surrogate Preminger", which I assume is a reference to Judge
Preminger's court.
 
The actual language from the NY Law Journal is as follows:
-----
COURT DECISIONS; NEW YORK COUNTY; SURROGATE'S COURT; Pg. 26
 
Surrogate Preminger
 
Decree Admitting Will to Probate
Leo Vals, Mollie Green, William T. Kadin, Matilde Dominguez, Mary J.
Adler, Ruth B. Edelstein, Margot Iddon, Francis A. Jennings
-----
I am not interested in all these names...only the will for Francis A Jennings.

I am not a legal professional, so forgive my unfamiliarity with wills,
probates, etc.  I need to know who is the responsible party for
Francis A Jenning's estate.  I need to ask the estate for permission
regarding a matter of copyright.
 
Can you tell me who I should contact, or how I can explore this matter further?
 
Any information would be much appreciated.  Thank you in advance...
==========


Like I said, no answer, thus far.  You can find additional information
for the Judge Preminger's Surrogate Court here:


http://www.courts.state.ny.us/courts/nyc/surrogates/index.shtml


although I didn't get any further by phone than I did by email.


Good luck,

pafalafa-ga

Hi sylk,

We have given your question alot of thought, discussed it at length
and searched as far as we could. I'll pass along what we've found
during our research in the hopes that something will prove fruitful
for you.

>>> NYPL

The New York Public Library is a wealth of information and would be a
great place for you to visit.  We got in touch with them and they
suggested that you contact the genealogy department of the Humanities
and Social Science Library on 42nd St. and 5th Ave.:

NYPL / HSSL
http://www.nypl.org/research/chss/grd/index.html

HSSL  > Collections & Curatorial Units > Art & Architecture Collection
> Collection Description:
http://www.nypl.org/research/chss/spe/art/artarc/description.html

...especially note links to:
 "Artists Files" on microfiche:
http://www.nypl.org/research/chss/spe/art/artarc/artist/artistfiles.html

 "auction catalogs":
http://www.nypl.org/research/chss/spe/art/artarc/auction/auctions.html

----------

NYPL/Resguide

1. Biographical Resources
...see links to:
Indexes and Guides to Biographical Sources
Electronic Resources
Where to Go for More Help
http://www.nypl.org/research/chss/grd/resguides/biography/

2. Obituaries, Death Notices, and Guides to Burial Places of Notables:
http://www.nypl.org/research/chss/grd/resguides/obit/

'The New York Times Obituaries Index' extends only to 1978; for later
years, check the heading "Deaths" (which is then subdivided by
individual names) in the annual cumulations of The New York Times
Index.

'The New York Times Ondisc' is an electronic resource that includes
the full text of The New York Times from 1990 to the present and is
searchable by keyword. The articles are in ASCII text only;
photographs and other visual elements from the original do not appear.

3. Art Research: Beginning Strategies:
...see links to:
How To Research An Artist 
How to Locate Articles in Art Periodicals
http://www.nypl.org/research/chss/spe/art/artarc/artfaq/artfaq1.html

4. Dbs & indexes > art & architecture:
http://www.nypl.org/databases/index.cfm?act=2?=4


5. How to research an artwork
...general, but may offer leads to other sources.
http://www.nypl.org/branch/features/2001/artresearch.pdf

-------------

NYPL mid-Manhattan

1. * Guide to Listings at the Reference Desk of the Art Collection:
http://www.nypl.org/branch/central/mml/art/deskguide.html

...for example, here are some relevant resources:

AMERICAN ARTISTS: 
   American Artists: an Illustrated Survey of Leading Contemporary Americans
   The Artists Bluebook
   Artists of The American West: a Biographical Dictionary (v.1,2,3)
   Biographical Encyclopedia of American Painters, Sculptors & ...
   Dictionary of American Painters, Sculptors, and Engravers
   Dictionary of Artists in America, 1564-1860
   Dictionary of Contemporary American Artists
   Encompass 21,000 Artists
   Encyclopedia of American Art before 1914
   See other sources under ARTISTS and FOLK ART / FOLK ARITSTS
   Who's Who in American Art
   Who Was Who in American Art 1564-1975: 400 Years of... (v.1,2,3)

ARTISTS' REPRESENTATIVES: 
   Artist's & Graphic Designer's Market
   Art Marketing Sourcebook Workbook

COPYRIGHT: 
   The Art Business Encyclopedia
   ASMP Professional Business Practices in Photography
   "COPYRIGHT" Bookmark
   Ready Reference Shelf List

LEGAL: 
   Architect's Handbook of Professional Practice
   Art Business Encyclopedia
   The Artist's Resource Handbook
   Artnetwork Yellow Pages
   ASMP Professional Business Practices in Photography
   Business and Legal Forms for Fine Artists
   Business and Legal Forms for Graphic Designers
   Business and Legal Forms for Interior Designers
   Business and Legal Forms for Photographers
   Graphic Artists Guild Handbook
   The Law (in Plain English) for Photographers
   Legal Guide for the Visual Artist
   Pricing Photography
   Stock Photo Forms

SCULPTORS: 
   Bronzes of the 19th Century
   Contemporary American Women Sculptors 
   Dictionary of American Sculptors
   See other sources listed under ARTISTS

2. ART IN NEW YORK: a resource guide
Mid-Manhattan Library Art Collection (third floor)
http://www.nypl.org/branch/features/2001/nyart.pdf

...for example:

-- Artist Exhibitions in New York
Vertical files - Artists' Files
 Biographical information and exhibition announcements about more than
2,000 artists, many of  whom exhibited or are exhibiting in New York.
[see below]

-- Artists' Representatives and Dealers
* Art in America: Annual guide to galleries, museums, artists
Listings of artists' representatives.

-- Legal Aids
* The Art Business Encyclopedia
 Volunteer lawyers' organizations (NY in Appendix F).

Websites
American Artist's Directory of Resources 
http://www.enews.com/magazines/ameriart/resources.html [NB: this web
site is now closed]
Artist's colonies and residencies, artists' advisors, money for visual
artists, legal services, etc.

3. NYPL mid-Manhattan
* Artist Files Online Index:
...ephemeral special collection not otherwise catalogued
...emphasis on contemporary, related to NY
..."jennings" not listed in the .pdf index
http://www.nypl.org/branch/central/mml/art/artists.html

4. NYPL mid-Manhattan 
Subject List of Periodicals of the Art Collection:
http://www.nypl.org/branch/central/mml/art/sub_periodicals.html
...for example:

ART TRADE
   Art & Auction
   Art Calendar: the Business Magazine for Visual Artists
   Art in America
   Art International (Subscription ceased 1991)
   Art Newspaper: Events, Politics, and Economics (British)
   ARTnews
   ARTnewsletter: the International Biweekly Report on the Art Market
   Artweek
   CAA News (CAA signifies "College Art Association")
   FYI: Practical Information for those who Create and Work in the Arts

SCULPTURE see also all ART headings
   Public Art Review
   Sculpture
   Sculpture Review

5. The Central Libraries > Mid-Manhattan Library > Art
"The Art collection contains about 40,000 volumes, plus periodicals
and microforms. It includes critical, historical, and biographical
works on all aspects of the visual arts..."
...this page contains links to:
Art in New York.pdf
Researching an Art Work.pdf
Reference Desk holdings 
Periodicals subject & title lists
Artists File Online Index
http://www.nypl.org/branch/central/mml/art/index.html

Art Collection
Mid-Manhattan Library, 3rd floor
455 Fifth Avenue at 40th Street
New York, NY 10016 
212.340.0871  
mmart@nypl.org 

-----------------

NYPL Ask Librarians Online:

Ask a question via e-mail
http://www.nypl.org/questions/index.cfm

------------

NYPL Express - for fee research service:
Biographical profiles
Obituaries 
Information on art, history, or literature 
Genealogical research
http://www.nypl.org/express/index.html

research fee: $75/hr (standard) - $125/hr (expedited)
additional fees: special costs if applicable (Db, toll calls, etc.),
documentation, & delivery

>>> SSN

I searched the Social Security Death Index and found:
Francis A. Jennings 			
Born: 27 Feb 1910 / Died: Mar 1996				
Residence:  NY NY  10013	

I tried phoning  a few Jennings in NYC with the same zip code, on the
odd chance that they would turn out to be a relative but haven't had
any luck.

>>> Painted Wood

1. We found a Francis Jennings (same person?) piece listed on the
Sylvan Willow Fine Art website.

Sylvanwillow Fine Art? 
Francis Jennings
Painted Wood
15 x 15 inches
1941
Rose Fried Gallery Label on Base
csleaf@comcast.net
Craig Leaf
Proprietor
(617)378-3057
http://sylvanwillowfineart.com/_wsn/page4.html
also here:
http://WWW.CRAIGLEAFARTLIST.I8.COM/page_04.htm

I called them and left a message on their answering machine but they
haven't replied yet.

2. I also phoned the Rose Fried Gallery (because of the label on the
base of the Painted Wood piece above) but they also haven't gotten
back to me.

Rose Fried Gallery
info@yorkwilson.com
http://www.yorkwilson.com/virtual/YWrose_fried_gallery.htm

>>> Getty

Francis A. Jennings isn't listed at the Getty Research Institute (one
would think he would be)...

Getty Research Institute  
Union list of artist's names (ULAN) search:
http://www.getty.edu/research/conducting_research/vocabularies/ulan/index.html

----------

... or at other known db of artists e.g., askart (26,000 american
artists), artcyclopedia

>>> WBIS

World Biographical Information System Online (WBIS Online)
...the World Biographical Index (the on-line version no longer
available) offered a minimal bio (name, dates, keywords) and the
*source(s) of the information.
...now only accessable via a subscribed institution, e.g., university
or large public library.

>>> Copyright

1. Circular 40: Copyright Registration for Works of the Visual Art
Advantages to Copyright Registration
There are, however, certain advantages to registration, including the
establishment of a public record of the copyright claim. Copyright
registration must generally be made before an infringement suit may be
brought. Timely registration may also provide a broader range of
remedies in an infringement suit.
http://www.copyright.gov/circs/circ40.html

2. Degrees of ownership: Sculpture
http://www-cse.stanford.edu/class/cs201/projects-99-00/digital-art/matrix/ownership/1a_ownership/sculpture.html

3. Reproduction Rights for Fine Art
"...laws vary from state to state. Check your local state law
regarding its right of reproduction."
http://www.tfaoi.com/articles/andres/aa2.htm

I wish we could have nailed it for you but at least you know we tried!
Posting an answer would be nice if we've been able to help your out
(you have the option to adjust the price to suit the results), but
mainly we just didn't want all of our work to go to waste.

Good luck!
hummer & co