RE: Original art work & its public display by owner on a web site

["John T. Mitchell" <John@xxxxxxxxxxxxxxxxxx>]

Ordinarily, using the images in the way you describe would require
permission, not as a matter of courtesy, but of copyright law.   That
is, placing the images on a website would infringe the right or
reproduction and of public display.  Nevertheless, those rights are
"subject to" the right to make fair use of the works, so the issue
becomes whether your use of the images on the website is fair use.  

I suspect that if your use of the images involves high quality
reproductions, you may be looking for trouble.  If, on the other hand,
your use is more in line with offering a public catalog of the works
available in the collection, it is more likely to receive fair use
treatment.  See Kelly v. Arriba Soft (9th Circuit, July 2003) for a good
analysis and guide.  The fourth circuit recently took a dimmer view
where video clips of movies were being offered for video retailers to
advertise their collections, and a petition for certiorari of that case
is currently pending before the Supreme Court.

John
___________________
John T. Mitchell
http://interactionlaw.com
1-202-415-9213

>  -----Original Message-----
>  From: clarkjc@xxxxxxx [mailto:clarkjc@xxxxxxx] 
>  Sent: Monday, February 16, 2004 5:21 PM
>  To: digital-copyright@xxxxxxxxxxxxxx
>  Subject: Original art work & its public display by owner on 
>  a web site
>  
>  
>  Colleagues,
>  
>  Another library colleague is at a small, private college that 
>  owns a handful of original paintings. Some are by deceased 
>  artists, the others by living ones that either do or do not 
>  still exhibit on their own. None are difficult to contact.
>  
>  The college wants to display images of these paintings they 
>  own, on a web site related to their special library 
>  collections.
>  
>  At this point, my colleague's inclination is to contact the 
>  painters, explaining the situation and formally asking 
>  permission to use their paintings in this way. 
>  
>  I'm not sure of the legal issue involved that makes this the 
>  correct move--beyond courtesy--or suggests that the college 
>  library could go ahead and act without permission if they 
>  wanted to. 
>  
>  Your advice would be welcome. I'm sure I'll learn something 
>  (or be reminded of something I should know!) myself....
>  
>  Jeff
>  
>  ===========
>  Jeff Clark
>  Director
>  Media Resources MSC 1701
>  James Madison University
>  Harrisonburg VA 22807
>  clarkjc@xxxxxxx (email)
>  540-568-6770 (phone)
>  540-568-7037 (fax)
>  
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