On 5/29/98, Victoria Tsai <vicky_tsai[_at_]cpcc.cc.nc.us> wrote:
>
> Our Library is considering taking digital photographs of the art
> works on campus (these are mostly student art works the College has
> purchased.) The authors of some of these art works are no longer
> known to us due to incomplete records. We do not think the artists
> signed any release form at the time of the transactions.
>
> Questions:
>
> 1. If we put these photos on our web page, does it
> violate copyright law?
I'm going to assume that someone other than the university has a valid copyright in the art work. I will also assume that US law governs.
You don't ask, but a preliminary question is whether your photograph infringes on the copyright owner's rights, and I think that it would. Assuming the work doesn't belong to the library, but to the university, I'm not aware of any exemption that permits you to take a picture of it. In fact, even if it were part of the library collection, your rights in section 110 would be very narrow.
The display of the picture on the web site only adds to the problem as that display would also be an infringement. I don't see anything that permits you to violate the copyright holder's display right. You also now are sending copies of the picture potentially to the world, easily permitting anyone to make copies of the picture for himself.
The only possible defense I see is that of fair use, and even if one could make an argument for fair use -- and one can often make such an argument -- I'm not sure that you (the university) would be comfortable hanging your hat on fair use.
> 2. Would a disclaimer and a copyright warning on the web page
> be sufficient?
What would you be disclaiming? And what would you be noticing? You don't own the copyright in the art work. I understand you're trying to mitigate the potential harm, and you're perhaps trying to explain your motives, which, no doubt, are laudable, but other than possibly helping in your fair use argument, I'm not sure what else it does for you legally.
All that having been said, I'm not sure that any of the student artists would take you to court. In fact, especially if your incomplete records permit attribution, many, if not all, of the artists might be pleased to see their works so displayed. But, again, I'm not sure if that's of sufficient comfort to go ahead with the project.
My own disclaimer: none of what I say should prevent you from seeking legal counsel on the issue.
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