Re: Displaying pictures

[clarkjc@xxxxxxx]

Joe,

By "more expansive public display", I meant to indicate more 
prominent or widespread display because of the exposure that 
the painting receives when it's no longer limited to a 
specific physical location.

>From the responses I've received the critical issue appears 
to be the reproduction, or publishing, involved in the 
Internet environment--which isn't surprising after all. 

I'm wondering from your closing comments, though... Do you 
think that in the case I proposed, there's unlikely to be a 
supportable fair use defense (sans permission) for a college 
library "publishing" images of paintings they own in 
connection with their service web pages?

Jeff

>------------------------------
>
>Date: Thu, 19 Feb 2004 09:08:10 -0800
>To: <digital-copyright@xxxxxxxxxxxxxx>
>From: "Joseph J. Esposito" <espositoj@xxxxxxxxxxxxxxxx>
>Subject: Displaying pictures
>Message-ID: <002f01c3f70a$fa3b4db0$6501a8c0@jesposito>
>
>>1. If rights for display and/or reproduction are not
>normally granted when a painting is donated, commissioned or
>sold to an institution b should the institution even have 
the
>leeway to mount it in a physical public place to begin with?
>Is it the more-expansive public display on the Internet that
>places such display in questionb-and/or perhaps the
>additional need to reproduce the work in order to make such
>an electronic display? All of which would require, Ibd
>assume, a still more solid bfair useb defense if one can be
>argued.
>
>JE:  Rights for display and posting/serving on the Internet 
are two
>different things.  The former does not involve making 
copies, the latter
>cannot be accomplished without multiple acts of 
reproduction.  Presenting
>something on the Internet is not a "more-expansive [sic] 
public display" but
>publishing.  Not necessarily good publishing, mind you, or 
effective
>publishing, but publishing nonetheless.  The copyright laws 
may be
>wrongheaded, immoral, out of date, or opposed to the 
interests of civic
>culture, but they are still on the books.  There is a limit 
on the
>plasticity of the "fair use" doctrine.
>
>Joe Esposito
>
>------------------------------
>
>End of digital-copyright Digest
>***********************************

===========
Jeff Clark
Director
Media Resources MSC 1701
James Madison University
Harrisonburg VA 22807
clarkjc@xxxxxxx (email)
540-568-6770 (phone)
540-568-7037 (fax)