Re: copying art work

Subject: Re: Re: copying art work

Comments:
: : I am trying to get an explanation of what is "legal" in terms of copying artwork to explain to my painting students. While copying artork has its benefits for learning's sake I need a rule to go by for when an artist signs his name to an artwork if they have used images that might exist elsewhere. : Dear N, : A creation is protected under the law. Enforcement requires registration. If there is no copyright notice there is, as I remember without research, no liabililty until actual notice. : Reproductions of works of are are copyrightable. There is a limited right of fair use. I am not aware of any cases, though I have not researched the matter of school work being treated as an infringement. : There may in fact be infringement under some circumstances, particularly if the school work itself is commercialized. : My gut tells me that there may be technical infrigment in some class work. I am not aware of any cases on this subject with regard to work done in a classroom, which in fact may be a technical infrngement. : The answer really depends on an exact analysis of what is done and how it is done in each situation. : Works done before 1923 are in the public domain. Reproductions of works of art registerable as copyrights, therein lies some unanswered questions. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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