RE: Copyright ? concerning photos

["Croft, Janet B." <jbcroft@xxxxxx>]

This looks like a straightforward, relatively scholarly fair use.  Applying
the four factors --

Purpose and character:  non-profit, transformative.
Nature of copyrighted work: If she is using news photos, factual. Photos of
earlier stage productions are more creative.
Amount of work used: That will depend what she does with it, but it sounds
like she is using the original sets and photos as a starting point for her own
work and not copying them.
Effect on market for original: None.

Janet Brennan Croft
Associate Professor
Head of Access Services
University of Oklahoma Libraries
Bizzell 104NW
Norman OK 73019
405-325-1918
Fax 405-325-7618
jbcroft@xxxxxx
http://faculty-staff.ou.edu/C/Janet.B.Croft-1/
http://libraries.ou.edu/
Editor of Mythlore http://www.mythsoc.org/mythlore.html
Editor of Oklahoma Librarian
http://www.oklibs.org/oklibrarian/current/index.html
"Humans need fantasy to be human. To be the place where the rising ape meets
the falling angel." -Terry Pratchett

-----Original Message-----
From: Chuck McCann [mailto:cmccann@xxxxxxx]
Sent: Monday, November 03, 2008 7:21 AM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: Copyright ? concerning photos

Hi List,



A Scenic Design graduate student doing her MFA Thesis has a question about
copyright.  Her thesis project is to design the set for Hair, The Musical.
This will not be a published project.  Her role is to design the set--from
concept, to initial sketches, to drafting various elevations, to building a
scale model, to designing projection, to building the actual set.  Her
question is whether or not she has to get permissions to use images/photos of
the 1950's, 1960's, and early 1970's that she finds on the internet and in
newspapers and books about the Vietnam era.  The musical will be produced by
undergraduate theatre majors, and there will be six performances for which
admission will be charged.  However, there will be nothing for viewers to
take
away (except the experience) and she will make no profit from the production.
Any help you all can give will be very much appreciated.



Thanks!



Chuck McCann

Dept. Head, Digital Media Center

FSU Libraries

644-3094