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Re: O.T. -- Copyright (was Flash and Tripods in Museums)



Miller Abel <miller.abel@solopoint.com> writes on 27 October 1999 at 14:38:58 -0700
 > > I would also like to know: when you buy a painting from an artist, do you
 > > also buy the copyright, especially the right to reproduce it as a
 > postcard?
 > 
 > No, unless you are explicitly sold the specific reproduction rights for the
 > media you are interested in. When you buy a painting, you are buying a copy
 > of the image fixed in a tangible medium. That is, you are buying a "thing,"
 > you are not buying rights to the image itself. The exception is what is
 > called "fair use" that permits you to make copies for personal use (whatever
 > that might be for a painting, I don't know!) but does not extend to
 > distribution or sale of these copies.

"Fair use" is a very tricky area.  It's not, incidentally, limited to
personal or non-commercial use; a reviewer, for example, may quote
short passages from the work being reviewed to illustrate his points.
(The reason it's so tricky is that the limits on fair use are mostly
not statutory, they're whatever that other word is -- accumulated
precedent, anyway).

One obvious fair use for a painting would be to take a snapshot for
your insurance records.
-- 
David Dyer-Bennet / Join the 20th century before it's too late! / dd-b@dd-b.net
http://dd-b.lighthunters.net/ (photos) Minicon: http://www.mnstf.org/minicon
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