copyrights

[Irish]

Originally Posted by plain_ol_ed

There is a 'fair use' clause in the copyright law that allows for copying a portion of an item for limited use as long as you cite the source. But 'fair use' does not cover anywhere near a whole item. How much it does include is not clearly defined. It's always best to request permission if there is any doubt. Chances are nobody will come after your, but you can never tell. I like to live dangerously, but I pick my spots.

Ed, Fair Use has to do with using art as a teaching tool. It applies to Universities, art schools and secondary schools. The Fair Use clause was included so that a Professor could use photos or samples of other people's artwork as examples of what that Prof was teaching. And, yes, schools have to include acknowledgement to the original artist.

Fair Use does not have commerical applications.

Fair Use also covers State and Federal agencies. Here in Maryland, about a decade ago, a state agency for tourism obtained copies of an artist's seascape painting. Those painting featured the Chesapeake Bay and Eastern Shore of Maryland.

That same agency used those painting, without the artist's knowledge or permission, to decorate their flyers and brochures. The artist tried to sue, saying that the state was in violation to the artist's copyright and that no contract had ever been made for royality payments.

The state agency came back and said it was Fair Use as the state was "teaching" tourists about the wonders of Maryland ... and besides you can't sue the state or any state agency in Maryland.

So ... be very very careful using Fair Use as an excuse to use someone else's art unless you are a teaching institution or the State of Maryland!

In fact ... I just posted a sample of Fair Use in the Winter Bird House tutorial down in the Pyro section of this board. I used Mottle's (Kathy's) lantern burning to show how Kathy determined and executed her shadows in the still life. Kathy's burning became a teaching tool for the tutorial's shadow lessons - very non-profit, non-commerical useage.

But even with Fair Use copyright laws I would never have used it unless Kathy had offered it as an example first ... which was very generous and kind of her.

Susan