Re: Fair Use Question?

From: <schwarzen[_at_]ccgate.ieminc.com>
Date: Tue, 08 Mar 94 14:21:26 cst

    

On 3/8/94 Douglas Brantz asked:
>
> I have a faculty member from another department that wants to make a
> department brochure. He has requested an image for the cover of this
> brochure. The image is part of a work (much less then 10%) of the
> image. The image I am refering to is "The School of Athens" by Raphael.
> The image is of Heraclitus, a philosopher (which I thought was
> Michalangelo), sitting next to a stone block writing. Can the
> faculty member use this small section of the painting without
> obtaining any kind of copyright? This brochure is not for profit and
> will probably be mailed out. Does this fall under the Fair Use Santa
> Clause? I have contacted the copyright publishing company <Art
> Resource> to find out what the cost of using the entire image on the
> cover of the brochure-- cost was $250.00. There must be a better way.
> Is it possible to take a piece of a whole and forge it into a
> different thing alltogether without breaking copyright? The image is
> in color and the faculty member is interested in a black and white
> version.

     
       Fair use rules would allow you to use a part of a painting even if 

    it is copyrighted. The substantiality of the portion used is not the     only factor to consider. Even if the brochure is not for profit, you     should be careful because you are promoting your department and     commercial and/or financial gain is a very gray area. If your     institution may, in any way, experience financial gain in any form,     you should consider paying the royalty fee. If the brochure is     strickly for nonprofit educational purposes then it falls under fair     use.

     
       It is hard to believe that a painting which is several hundred 

    years old is copyrighted. Does Art Resource just own the copyright to     their image of it. If this is the case, you just need to get an image     of the painting which is public domain.

     
                                                Amy Schwarzenbach
                                                IEM, Inc, Baton Rouge, LA
                                                schwarzen[_at_]zeus.ieminc.com

Received on Tue Mar 08 1994 - 20:27:44 GMT