(U.S. law)
On 3/27/99, Lesley Riley <lrileyart[_at_]aol.com> wrote:
>
> I make collages. If I use a copy of a work of art in the public domain,
> but from an art book recently published, am I infringing on copyright?
If the copy that is in the art book is copyrightable as a separate work because it adds enough originality to qualify as copyrightable subject matter, then your copying that copy would be infringment. Assuming, on the other hand, that the copy in the art book is a simple transfer from one media to another, then (IMO) there would be no infringement because the copy would not be copyrightable. People might argue about this distinction.
> Also... a lot of authors are currently using quotes by "famous" people
> in their books, like at the opening of a chapter or on the side of the
> page. Are these quotes (and any others found in a book of quotes)
> public domain?
Depends on the quote. Assuming that the quote is short, most short phrases are not copyrightable. The longer the quote is the more likely it might be copyrightable. It would then depend on what the quote was lifted from. If it was from a larger work that was copyrightable, you'd have to argue fair use. Fair use might let you get away with taking a little more than just a short phrase if you claim the quote was used in the form of commentary, but fair use is always mushy and factual. You'd have to take each example on a case by case basis.
Naturally, the above is hypothetical; for reliable legal advice, you'd have to pay an attorney and give him all the facts.
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