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File #: 07-047    Version: 1 Name: N/A
Type: Resolution Status: Filed
File created: 3/5/2007 In control: CULTURE COMMITTEE
On agenda: 3/13/2007 Final action: 3/13/2007
Enactment date: Enactment #: N/A
Title: A RESOLUTION SUPPORTING ARTIST’S RIGHT TO COPYRIGHT RETENTION IN SALES OF WORK TO CHEROKEE NATION ENTITIES
Sponsors: Phyllis Yargee
Indexes: Artists Copyright Retention
Code sections: N/A - Not Applicable
Title
A RESOLUTION SUPPORTING ARTIST'S RIGHT TO COPYRIGHT RETENTION IN SALES OF WORK TO CHEROKEE NATION ENTITIES
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people; and,
 
WHEREAS, the Artists of the Cherokee Nation share a responsibility for passing forward the history, culture, traditions and skills of our ancestors; and,
WHEREAS, the artists of the Cherokee Nation have a limited market for their products, giving themselves and their families much less income and benefits than might be found in other art markets; and,
 
      WHEREAS, the Cherokee Artist's Association was organized to further the goals and responsibilities of the Cherokee artists, and to represent the rights of individual artists interests, and is made up of a large membership representing a majority of the Cherokee artists; and,
 
      WHEREAS, the membership of the Cherokee Artist's Association will support the artist's right to retention of copyrights in sales of the artist's work by the individual artists; and,
 
      WHEREAS, the membership of the Cherokee Artist's Association further voted that individual artists will have the option, if they so desire, following such sale, and apart from the sale, to negotiation individual terms of use for rights of reproduction, including all rights or named and dated rights to be given to or purchased by the initial purchaser of the art work, or by any other patron; and
 
      WHEREAS, such option will respect the right of the Cherokee artists to approve any use of or reproduction of their work, which will provide adequate benefits as a result of their work for themselves and their heirs, both now and in the future.
 
      NOW, THEREFORE, BE IT RESOLVED that the Cherokee Nation Tribal Council supports the proposition that Cherokee artists retain the copyright on all original material and said rights will only be sold or encumbered after fair and equitable negotiations, by all parties, further the Tribal Council request that all contracts calling for the purchase of copyrights of Cherokee Artists from Cherokee Nation entities be forwarded to the Tribal Council for review.