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California Civil Code Section 988

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 988

(a) For the purpose of this section:
   (1) The term "artist" means the creator of a work of art.
   (2) The term "work of art" means any work of visual or graphic art
of any media including, but not limited to, a painting, print,
drawing, sculpture, craft, photograph, or film.
   (b) Whenever an exclusive or nonexclusive conveyance of any right
to reproduce, prepare derivative works based on, distribute copies
of, publicly perform, or publicly display a work of art is made by or
on behalf of the artist who created it or the owner at the time of
the conveyance, ownership of the physical work of art shall remain
with and be reserved to the artist or owner, as the case may be,
unless such right of ownership is expressly transferred by an
instrument, note, memorandum, or other writing, signed by the artist,
the owner, or their duly authorized agent.
   (c) Whenever an exclusive or nonexclusive conveyance of any right
to reproduce, prepare derivative works based on, distribute copies
of, publicly perform, or publicly display a work of art is made by or
on behalf of the artist who created it or the owner at the time of
the conveyance, any ambiguity with respect to the nature or extent of
the rights conveyed shall be resolved in favor of the reservation of
rights by the artist or owner, unless in any given case the federal
copyright law provides to the contrary.

Last modified: January 12, 2009