Re: Copyright on photo of an oil painting?

Subject: Re: Re: Copyright on photo of an oil painting?

Comments:
: : A copyrighted 1991 book has a photo of an 1857 oil painting that is in the Metropolitan Museum of Art. The painting was gifted to the museum in 1907. The published page containing the painting is tipped into the book (not a numbered page) and has no specific copyright statement (i.e., "courtesy of Metro Museum of Art"). I would like to scan this photo and use it in a government document on the historic landscape of West Point. Can I do this? : Dear Gloria, : Without research, we would consider a copy of the picture as being take from the source and covered by the copyright on the book. Legal acess and copying from the original ought to be legal. : The law as to govermental rights is not clear, without some research. My gut says it is unconsitutional for the Government to take without concent. There are many statutory outs for the Government. : The question out to be answered by the Goverment attorney. : You might go to the source and get the picture or a reproduction with permission. Whose going to fight it? : 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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