Re: Book Store Catalogues

On 6/16/98, Robert Baron <rabaron[_at_]pipeline.com> wrote:
>
> I receive catalogues from book stores that sell both old and new
> books. These catalogues are frequently illustrated with images
> taken from books that are still under copyright -- without the slightest
> reference to the owner of the copyright or to permission received. Are
> these reproductions infringements, or is there a loophole in IP law that
> permits the reproduction of copyrighted images when the item carrying
> them is for sale.

Loophole -- I guess anything that smacks of fair use is a loophole.

I have a better question:

Suppose a museum charges a fee of say $200 for someone to either photograph a work of art in its collection or copy a photograph of the same work, for reproduction in a book. Suppose also that the work is still subject to copyright.

What is the practice of most museums as to whether to pass on the $200 to the artist who in most cases will hold the right of reproduction?

Alan D. Sugarman
<sugarman[_at_]hyperlaw.com> Received on Wed Jun 17 1998 - 13:02:54 GMT