RE: Re: fees for fair use in books

The U.S. too. Fair use is a defense (to an infringement suit) and not a right. Use sparingly, if at all, especially in publishing situations.    

From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Images
Sent: Thursday, July 28, 2005 2:51 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: fees for fair use in books  

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 - 23:55:03 GMT