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

[Bill Westwood <westwood@xxxxxxxxxxx>]

I read with interest your question and Mr. Mitchell's reply.  Kelly v.
ArribaVista and high or low resolution online reproduction notwithstanding,
unless there has been a written transfer of copyright, the college in
question owns only the physical artwork and not the rights (under copyright
law) to reproduce it, without permission from the creators.

The fair use provision provides protection for uses such as criticism,
comment, news reporting, teaching, scholarship and research, viewed within
the parameters of four additional factors.  Even if the proposed use by the
college could be twisted around to somehow fit the true purpose of fair use,
(or even the Kelly v. ArribaVista decision) in a way to achieve legal
absolution, it still wouldn't make use without permission morally right.

As a practicing professional artist/illustrator, with over 30 years
experience and an equally long and abiding interest in copyright issues, I
don't understand why there would even be any question about simply
contacting the artists and formally requesting written permission to
reproduce their work in the manner described.  The reproduction rights
belong to the artists, not the college. At the same time, most creators I
know are happy to give permission for use of their work in a noncommercial
way, especially if it provides the work and the artist with additional
exposure.

   
William B. Westwood, M.S., CMI
Medical Illustrator
Westwood Medical Communications
915 Broadway
Albany, NY  12207

(518) 432-5237






on 2/16/04 5:20 PM, clarkjc@xxxxxxx at clarkjc@xxxxxxx wrote:

> 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)
> 
> ---------------------------------------------------------------------
>