Re: [digital-copyright] Re: Reproducing visual art

[claudia holland <chollan3@xxxxxxx>]

A couple of questions: 1) What is the purpose of the speaker's use of 
the Dali painting at the ceremony? and 2) Will a citation and copyright 
notice be clearly displayed on the "mini" copies of the painting?

If the reason for making and distributing small, low res, print copies 
to the audience is central to the message conveyed by the speaker (i.e., 
the use is transformative), then why would this not be considered a fair 
use? Just wondering. . .

Claudia

On 4/4/13 11:18 AM, Davis, Rick K. wrote:
> Sorry-forgot to include the first part of the Permitted Uses clause, which
> says their terms allow reproduction and distribution of their content, as well
> as public display. I've added it below. And section 4, referenced in the
> clause, allows distribution of hand out to audience members at a scholarly or
> educational presentation, lecture, seminar, etc.
>
> Rick
>
> From: Davis, Rick K.
> Sent: Thursday, April 04, 2013 11:08 AM
> To: digital-copyright@xxxxxxxxxxxxxx
> Subject: RE: [digital-copyright] Re: Reproducing visual art
>
> It looks as though your library doesn't currently subscribe to ARTstor, but
> there's a fair amount of Dali content included there. The ARTstor terms and
> conditions of use include the following as a Permitted Use:
>
> Permitted Uses. You may access, use, display, make performances with,
> reproduce and distribute the Content in the ARTstor Digital Library, provided
> you abide by the access and distribution restrictions in section 4, for the
> following Permitted Uses only: ...(d) public display or public performance as
> part of a noncommercial scholarly or educational presentation, such as in an
> educational, cultural, or scholarly seminar, class, lecture, conference,
> exhibit, or workshop, or a similar noncommercial professional activity, if
> such use conforms to the customary and usual practice in the field..."
> (http://www.artstor.org/our-organization/o-pdf/terms-conditions.pdf)
>
> Perhaps you could set up a trial your institution to ARTstor, coinciding with
> your ceremony? :)
>
> Rick Davis
> Cataloging Librarian/
> Copyright Liaison
> Albert S. Cook Library
> Towson University
> 8000 York Road
> Towson, MD 21252-0001
> p: 410-704-2686
> f: 410-704-4755
>
>
> From: Sanfilippo, Sarah [mailto:ssanfilippo@xxxxxxx]
> Sent: Thursday, April 04, 2013 9:30 AM
> To: digital-copyright@xxxxxxxxxxxxxx<mailto:digital-copyright@xxxxxxxxxxxxxx>
> Subject: [digital-copyright] Re: Reproducing visual art
>
> Thanks to all the quick responses, I now know who holds the IP rights for Dali
> works (the Spanish state) and who the US contact is for requesting
> permission.
> I've had conflicting responses concerning Fair Use, but thanks so much to
> everyone who's helped us out so far!
>
>
> Sarah
>
> Sarah K. Sanfilippo
> Director of Library Resources
> Southern Vermont College Library
> Bennington, VT 05201
> 802.447.6312
> svc.libguides.com/library<http://cardcatalog.svc.edu>
> www.facebook.com/SVCLibrary<http://www.facebook.com/SVCLibrary>
> www.svc.edu<http://www.svc.edu>
>
> Knowing how to think empowers you far beyond those who know only what to
> think. Neil deGrasse Tyson
>
> On Thu, Apr 4, 2013 at 8:02 AM, Sanfilippo, Sarah
> <ssanfilippo@xxxxxxx<mailto:ssanfilippo@xxxxxxx>> wrote:
> Greetings all,
> Working at a very small institution, I have limited copyright experience - I
> really appreciate the discussions I read on this list! And so I'm hoping the
> collective wisdom can help me with my question:
> A faculty member who will speak at our end-of-the-year honors ceremony will be
> referencing a Dali painting, and would like to distribute mini copies to
> audience members in the programs. I assume this is something we need
> permission to do, but am getting push back, so I'm asking for a second
> opinion.
> My question: is this something you need permission for? If so, how is that
> done? How do you find the rights holder for a work of art? Where do you find a
> copy you can reproduce?
> My suggestion was to project it on the stage, but I'm not sure that's possible
> in the venue being used.
>
> Thank you in advance,
> Sarah
>
> Sarah K. Sanfilippo
> Director of Library Resources
> Southern Vermont College Library
> Bennington, VT 05201
> 802.447.6312<tel:802.447.6312>
> svc.libguides.com/library<http://cardcatalog.svc.edu>
> www.facebook.com/SVCLibrary<http://www.facebook.com/SVCLibrary>
> www.svc.edu<http://www.svc.edu>
>
> Knowing how to think empowers you far beyond those who know only what to
> think. Neil deGrasse Tyson
>

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