Re: copying art work
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Posted by M. Arthur Auslander on February 02, 2001 at 04:10:21:
In Reply to: copying art work posted by N on February 01, 2001 at 09:09:50:
: 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.
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
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