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(Message started by: John Sullivan on May 4th, 2006, 6:08pm)

Title: Secondary Sources
Post by John Sullivan on May 4th, 2006, 6:08pm
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.  

Title: Re: Secondary Sources
Post by JSonnabend on May 5th, 2006, 7:05am
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

Title: Re: Secondary Sources
Post by John Sullivan on May 16th, 2006, 3:01pm
So I am free to use the etching without permission only if I copy it directly from the 18th century original?  

Title: Re: Secondary Sources
Post by Isaac on May 16th, 2006, 3:29pm

on 05/16/06 at 15:01:25, 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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