On 10/28/98, Michael Scarpitti <mscarpit[_at_]asnt.org> wrote:
>
> I want to write a paper discussing propaganda, and illustrate it with
> contemporary material. I have located some Web sites with images of
> these posters. Is there any problem with using them?
The following comments are for discussion purposes only, and should not be construed to constitute legal advice or to create an attorney-client relationship. You should consult an attorney for more specific advice concerning your situation.
Under U.S. law: this pretty clearly qualifies as "commentary" under the first fair use factor. The second factor isn't very important, but propaganda could be considered a fact work, which would favor fair use. The third factor would consider whether you need to reproduce the whole work (or only portions) in order to comment on it. The fourth factor would depend on whether there is an established market for the work(s). If the paper is for a college course, I am confident this would held to be a fair use. If it is intended for publication, even in a scholarly journal, I would be less confident.
The risk of a lawsuit is difficult to assess without more precise knowledge of the circumstances. In any event, I would feel uncomfortable expressing an opinion on your specific situation in the absence of an attorney-client relationship. You should consult an attorney to assist you in making your decision.
[P.S. If your paper is likely to incur the wrath of the groups distributing the propaganda, copyright may not be your biggest problem.]
Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa[_at_]law.whittier.edu>
Received on Fri Oct 30 1998 - 00:54:26 GMT
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