Re: how does copyright apply to collage?


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Posted by M. Arthur Auslander on February 23, 1999 at 06:47:26:

In Reply to: how does copyright apply to collage? posted by Andrew Elkin on February 22, 1999 at 12:52:24:

: An artist can use bits of images (or other recognizable media) in creating a new, original work without being attacked on copyright grounds.
: If a musician uses samples in his/her work, they are subject to the limitations of copyright.
: Is this simply because the copyright holder of a piece of music is more likely to defend their copyright (and share royalties etc)?
: If so, why is sampled music (some call it audio collage) not given the same room to exist?
: Music, after all, is a form of art.

: I'm trying to establish the difference between music works and other art works in terms of collage/sampling, Fair Use notwithstanding.

: Thanks
: A Elkin
I would like to know the law that says that an artist can make a collage including the work of others without being attacked on copyright grounds. The artist may be able to copyright the collage but insofar as I understand the law, if the images are copyrighted the collage is an infrimgement.
The difference in music may be that ASCAP and others police music better than art is policed.
M. Arthur Auslander
ELAINE's Workshop: E arly L egal A dvice I s N ot E xpensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com




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