Fw: Song Lyrics, quotations, and art

From: Amalyah Keshet <akeshet[_at_]imj.org.il>
Date: Thu, 16 Feb 2006 12:10:01 -0500


Thank you, Carol, for pointing this (below) out. As I always say, how does one "quote" from a sculpture? I would venture that copyright laws were / are written with the printed word in mind -- and hey, let's throw in music, while we're at it, and software. But anything visual falls between the chairs, so to speak. Except photography. Television and film can be quantified in minutes, so they're in there, too.

The common denominator of all those areas the law does fit is that each is an "industry." Publishing, music, software, journalism, advertising, TV,
movies. There is no art "industry." Just creators and end users. No industry, no lobby.
Just a thought.

Needless to say, the end user in the art world is often left wondering how to actually apply things like Fair Use provisions. So they lurk on copyright listservs, and occasionally try to provoke a conversation about things like "is a thumbnail image of a larger work a "quotation"? and "if I use software from www.ldraw.org to create a drawing of a LEGO (R) block sculpture, can I reproduce it in a book without infringing someone's copyright or trademark?"

 Amalyah Keshet
Head of Image Resources & Copyright Management The Israel Museum, Jerusalem

> At 00:30 08/02/2006, you wrote:
> Part of the problem with any sort of mathematical rule is that art isn't
> mathematical. As I always say, think of the Mona Lisa. Now tell me how
> much is 10% of it. True of other types of art too.
>
> So how does anyone quantify art as 10% in any context in which that's the
> rule?
>
> Carol Busby
> --
> Carol A. Busby
> Attorney at Law
> 141 W. 39th Avenue
> Eugene, OR 97405
> 541-484-6860; fax: 541-338-7155
> carol[_at_]drogon.com
Received on Thu Feb 16 2006 - 22:10:01 GMT

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