Read this dead link and then come back.
When
you sell something, it no longer belongs to you! If you don't like
that idea, don't sell it. When something no longer belongs to you, you
do not have any right to tell the owner what they can or cannot do with
the item in question.
Mr Duffy, if you wanted control of your
artwork post-employ then you should have negotiated a different contract
for it's use. Of course, that would have meant taking a much smaller
amount of money for it since the Register would have had to worry about
you selling it again once the terms of the usage contract had been
satisfied.
Scott Kurtz, the author of PvPonline, has ranted
before about how artists should better protect their work. He has
linked to essays by other authors expressing that they should retain the
ownership of the original art and any characters they create. Mr Duffy
did not follow that advice and is now taking the consequences. Now
that Mr Duffy is unemployed I should demand that the Des Moines Register
GIVE him the art they PAID for just because he finds himself out of a
job? No, Mr Kurtz, I don't think I can support that position. The
property that the DSM Register bought from Mr Duffy is rightfully theirs
to dispose of in anyway they see fit, including destroying it. That
they are choosing to donate it to a University is both within their
rights and preserves the work for future generations.
I notice
that there's no mention of Mr Duffy making an offer to buy his work back
from the Register. Just in case he has, I want to establish that no
injustice exists in the Register refusing Mr Duffy's offer and then
giving the catalog to the University of Iowa. Again, it is the property
of the Des Moines Register to sell, destroy or dispose of in any way
they see fit. That's how property rights work and that's how they are
supposed to work. I cannot get bent out of shape when they are working
exactly they way they are supposed to. I can see this hitting the
courts and a judge forcing the Register to surrender the artwork to Mr
Duffy. THAT would be an injustice. That would be stealing at
the point of a gavel. I don't think Mr Duffy is going to get very far
in the courts, Paul McCartney was unable to get the songs he wrote for
the Beatles back from Michael Jackson via the courts.
Let the
tale of Mr Duffy be a warning to you who hope to earn a living by
creating. Accepting the steady paycheck in exchange for the ownership
of the products of your imagination leads to owning nothing that your
paycheck couldn't buy. If you think that it's your work and you own it
forever, then let your contract with the publisher say that. Let your
contract stipulate the terms under which they may print your work,
accept your fee, let them profit as they may and retain the product of
your imagination.
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