Re: Fair Use Question?

From: Kevin J. Comerford <czbb020[_at_]access.texas.gov>
Date: Mon, 21 Mar 1994 20:49:34 -0600 (CST)

On Mon, 21 Mar 1994, Carl Drott wrote:

>

> I'd like to add some further confusion to the fair use question (which also
> seems to involve the issue of what is copyrightable)
>
> This decision may be a basis for argument about whether the reproduction of
> an original that is in the public domain represents sufficient intellectual
> contribution to qualify for copyright protection.

I would agree that it is questionable whether a photographer who copies a photograph or a reproduction from a book onto a 35mm slide is producing 'intellectual property,' however, I would not accept that rationale when considering original object photography which is produced for museum, gallery or private collection use. There is definitely aesthetic and intellectual content in the way a photographer chooses to portray an art object in a documentary photograph. Regardless of the copyright status of the object in the photograph, the way the piece is lighted, the camera angles chosen, the studio setup -- all these elements produce their own aesthetic value in and of themselves. The amount of consideration for how an object is displayed in the photograph also serves to 'interpret' the object (in terms of scale, function, important points about the piece which merit special attention) to the viewer.

Of the 5 professional photographer's which have been employed at my institution, if you compare their individual photography of the same object side by side, the intellectual content in their work becomes readily apparent; each photographer has a distinct aesthetic style, and a particular interpretive statement to make about how the object is depicted in the photograph.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

Kevin J. Comerford                      |   internet: czbb020[_at_]access.texas.gov
Director of Information Technology      |        aol: DalMuseum
Dallas Museum of Art                    | compuserve: 71233,2412
1717 North Harwood                      |      voice: 214-922-1281
Dallas, TX 75201                        |        fax: 214-954-0174

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Received on Tue Mar 22 1994 - 02:54:37 GMT