The institutions are probably charging you a fee to use the reproduction of the artwork, not for copyright clearance. I would be careful about assuming that you are covered by the fair use/fair dealing exemptions, especially in Canada where this is interpreted more narrowly than in the US.
Danielle Currie
Vancouver
-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org]On Behalf Of Robert Labossiere
Sent: Wednesday, July 27, 2005 2:55 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] fees for fair use in books
I am working for a small art book publisher. Our books are quite specialized; often they are anthologies of critical/theoretical essays. My understanding is that reproduction of art works within such essays is a "fair use" in the US and "fair dealing" in Canada, i.e. exempted from the need to secure permissions and/or pay fees. Yet, if we ask an institution for an image for reproduction, what we get back is an offer to license, for a fee. What is going on here?
Robert Labossiere, MFA, Ll.B.
Toronto
Received on Fri Jul 29 2005 - 01:50:50 GMT
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