Re: Does section 106(a) apply to public domain images?

Ron,

Take a look at the definition of "work of visual art" in section 101. It states that "a work of visual art does not include . . . any work not subject to copyright protection under this title." Even if the items were still under copyright, the definition is further limited to "a still photographic image produced for exhibition pruposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author."

You'd need to review each individual photograph, of course, but the coverage of photographs under the VARA is quite limited.

kwg

Kevin W. Grierson
Willcox & Savage, P.C.
One Commercial Place, Ste. 1800
Norfolk, Virginia 23510

mailto:kgrierson[_at_]wilsav.com
ph: 757/628-5603 fx: 757/628-5566
http://wilsav.com

>>> roncking[_at_]cox.net 12/05/03 08:45PM >>>
Hi All,

The site http://images.fws.gov/ has images specified as being in the public domain.

1991 seems to be the year where the Visual Artist Rights Act came into effect. I want to take photos that the government says are public domain and change them. By change I mean possibly changing the colors or other things about the image, and then publishing them. I feel okay being able to change old photos, but what about newer ones taken after 1991? Does the act protect public domain images, or just copyrighted ones?

Section 106A
(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and

The photo might be considered to be 'mutilated' if I change the blue sky to green, is that a problem?

Another confusing part to me is this part from Section 106A(b):

(b) Scope and Exercise of Rights. - Only the author of a work of visual art has the rights conferred by subsection (a) in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art are coowners of the rights conferred by subsection (a) in that work.

It says whether or not the author is the copyright owner. Can I change the color or other attributes of public domain photos taken after 1991?

Regards,

Ron Received on Mon Dec 08 2003 - 14:35:07 GMT