Foreign postcards [and right of integrity]

On 4/28/97, Emil Pellicer <epellicer[_at_]colby-monet.com> wrote:
>
> Why not ask someone who has incorporated old post cards into a new
> work what procedures they used to ensure that they did not fall afoul
> of copyright law. I can think of at least one such book "Dimpled
> Lunatics" which uses turn of the century postcards depicting infants.
> (I don't know who the publishers are but I can easily send you that
> information).
>
> I have, in the past, called authors and film producers who have
> incorporated copyrighted material into their works to find out how
> they went about it. They have always been willing to oblige me; and
> while one shouldn't take their advice as gospel truth, it will, at
> least, provide some guidance.

Section 109(c) of the U.S. copyright statute seems to shed some light on the above issue:

      SECT109(c) Notwithstanding the provisions of section 106(5), the
     owner of a particular copy lawfully made under this title, or any
     person authorized by such owner, is entitled, without the authority 
     of the copyright owner, to display that copy publicly, either 
     directly or by the projection of no more than one image at a time, 
     to viewers present at the place where the copy is located.

According to the above, it would seem possible to use postcards and other copyrighted materials in a work of art that is to be shown to the public. However, it would also appear that while the work of art can be shown, it could not be reproduced! without obtaining rights (fair use situations excepted).

I wonder, if the resultant work is a collage (for example), will the author of the incorporated work (Assume it is a reproduction of the work.) have any rights of integrity that governs the use of the postcard or reproduction? Or does the right of integrity just pertain to the original? How does the right of integrity apply when the original is of no consequence and only the reproduction matters, as applied to each of the following:

1. A limited edition print signed and numbered by the artist.
2. An unlimited edition poster or reproduction.
3. Reproductions of the above.

Robert Baron
rabaron[_at_]pipeline.com Received on Wed Apr 30 1997 - 12:56:18 GMT