Re: Collage; derivative work?
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Posted by M. Arthur Auslander on June 07, 2000 at 13:42:42:
In Reply to: Collage; derivative work? posted by Damon the Big Daddy Bull Seal! Griffith on June 07, 2000 at 12:19:27:
: Can a work of collage, many individual pieces of a photo work cut from their sources and combined to create one whole new work, be considered a derivative work? Can I as a collagist be taken to court for using other images taken out of context?
That's a "nice" question, as they would say in Law School.
My gut says that if there was enough in the collage to be recognized, that a copyright proprietor might be able to give someone a hard time. What is more it may not be a "Fair Use".
If I represented an artist whose work was ascertainably seen in your collage, and your collage was reproduced and commercial, I would recommend looking into the likelihood of bringing action.
M. Arthur Auslander
The Intellectual Property Law Server
Old Copyright Forum