Re: Copyright on photo of an oil painting?
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Posted by M. Arthur Auslander on April 12, 2001 at 12:09:08:
In Reply to: Copyright on photo of an oil painting? posted by Gloria on April 12, 2001 at 07:08:42:
: 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?
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
The Intellectual Property Law Server
Old Copyright Forum