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   Author  Topic: Secondary Sources  (Read 616 times)
John Sullivan
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Secondary Sources
« on: May 4th, 2006, 6:08pm »
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An etching is probably from the 18th century and in the public domain, but I found it in a book copyrighted in 1995.  Do I need to get permission from the book publisher to use it?  I cannot cite the artist as source because I don't know his name.
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JSonnabend
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Re: Secondary Sources
« Reply #1 on: May 5th, 2006, 7:05am »
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Citations of authors has nothing to do with copyright law.  If the etching is in the public domain, you may copy it.  That does not mean, however, that you are free to copy photographs of the etching, as those photographs may have copyrights of their own.
 
The book copyright doesn't necessarily mean the photograph itself is protectable under copyright, only that the book is.
 
- Jeff
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John Sullivan
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Re: Secondary Sources
« Reply #2 on: May 16th, 2006, 3:01pm »
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So I am free to use the etching without permission only if I copy it directly from the 18th century original?
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Isaac
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Re: Secondary Sources
« Reply #3 on: May 16th, 2006, 3:29pm »
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on May 16th, 2006, 3:01pm, John Sullivan wrote:
So I am free to use the etching without permission only if I copy it directly from the 18th century original?

 
That's quite possibly true.  Photographs of 2-D artwork that are simply copies are not copyrightable under US law, but an etching has a 3-D aspect to it and I think it entirely possible that a photograph of an public domain etching might be protectable by copyright.
 
 
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Isaac
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