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Re: Artwork collage
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Posted by M. Arthur Auslander on May 01, 1999 at 09:03:20:
In Reply to: Artwork collage posted by Chris on April 30, 1999 at 15:57:45:
: Also, if I use someone's artwork in my collage, do they have to warn me to take it off the web, or can they directly sue me? Can I be sued if I give them recognition? Without doing any research, if I represented an artist whose work was in your collage, I would check to see if a copyright were registered on the work and is there was a copyright notice on the work. If there was I'd go after you. I have not checked the case on net copyright infringement bbut my gut says you are vulnerable. What is more if you are sued the courts are vey sympathetic to the copyright holder and there are both statutory damages and attorney's fees to watch out for. It is often possible to get permission and to do what you want to do. Credit without permission won't do. In a literary work a sentence or phrase may get by as fair use particularly if gratuitious credit is given. M. Arthur Auslander ELAINE's Workshop: Early Legal Advice Is Not Expensive (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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