On 6/17/98, Bob Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> Robert A. 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.
>
> I know of no specific "loophole" in copyright law regarding this. But
> think about it: If you were an author or book publisher, would you
> object to someone using images from your book in connection with
> advertising that was calculated to sell copies of the book and make
> money for you?
OK, but couldn't the same argument hold for artworks? Why would the artist "object to someone using images" of [the] artwork "in connection with advertising that was calculated to...make money for you"? When artwork is "taught" in art history classes, the artist's reputation is greatly enhanced just by virtue of being selected for discussion. While an enhanced reputation is not the same as a direct sale, there is certainly a financial benefit in the end. To acquire the image of the artwork, the teacher frequently must make a reproductive copy of the artwork because the image isn't available either commercially or reasonably. This must be a fair use or a fair loophole.
Christine Sundt
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