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Re: Collaged Covers and copyright



Technically in California and some of the other states (I do not know which
one) The artist is suppose to recieve a portion of the resale price of a
piece if it is sold for more then the orginal price.  I do not know any
artist who are inforcing this but I am sure some are trying.
linda
linda@dontknowpub.com
To see digital images of the Rose Bowl parade, flowers, water
scenes, abstracts of nature and views of the San Francisco Bay Area,
http://www.dontknow.world-stores.com
http://www.dontknowpub.com

-----Original Message-----
From: Nicholette Hart <nicholette@xtra.co.nz>
To: BOOK_ARTS-L@LISTSERV.SYR.EDU <BOOK_ARTS-L@LISTSERV.SYR.EDU>
Date: Tuesday, September 28, 1999 8:17 AM
Subject: Re: Collaged Covers and copyright


>Interesting points raised here. I agree copyright ownership doesnt
>change and copying the artwork onto a tshirt involves copying the image.
>In collage you are not copying the original but reselling it along with
>others. If you buy artwork and then resell it making a profit that has
>no effect on the original purchase. There are other areas where this
>would apply too like in the case of altered books.
>
>Or maybe if you are worried ask permission of the copyright holder, in
>many cases it is given.
>
>Nikki
>
>Pamela Rups wrote:
>>
>> Nicholette Hart wrote:
>>
>> > What I got taught in one workshop, which legally I dont know how
>> > accurate it is but the logic sounded good. Copyright laws apply to
>> > copying something. If you arent copying but using the original
clippings
>> > then it is not an issue. Its like anything that you make that you buy
>> > the supplies for, when the magazine is bought copyright/licence fees
etc
>> > are covered for that copy of the image, so as long as you dont copy it
>> > again but use the one from the magazine you are OK.
>>
>> This, too, is not correct.  You do *not* buy the copyright/license fees
when you
>> buy a magazine.  A person can only get permission to use someone else's
work
>> through a contractual transfer of those rights.  When you, as an artist,
create a
>> work and sell it, unless specified in the bill of sale, the person who
purchases
>> your work does not own the copyright.  You, the artist, retain copyright
of your
>> work until you sign a contract to transfer that right to someone else.
This
>> protects you.  If the new owner of your artwork takes that artwork and
puts it on
>> a t-shirt without obtaining legal ownership of the copyright from you,
and makes
>> millions of dollars (this is only an example, not necessarily realistic),
he has
>> committed copyright infringement and you can sue him for the profits of
which you
>> were deprived.
>>
>> The grey area with collages is that the collage artist is using someone
else's
>> work to create another piece of artwork which the collage artist will
sell for his
>> own gain.  In other words, the collage artist is making a profit off of
someone
>> else's work without having obtained permission to use that work, in
theory
>> depriving the original creator of his rightful profits and possibly using
that
>> work in a manner which the original creator finds objectionable.  This is
>> happening now with sound sampling, for which there have been a rash of
lawsuits,
>> and collages seem very similar in principal.
>>
>> To answer another reply directed at me, I do not necessarily approve of
or endorse
>> the way the laws have been enforced or interpreted up to now.  That is
another
>> issue and I am dealing only with the direction given by court decisions
on this
>> matter up to this point.  This is a double-edged sword--it keeps people
from
>> depriving you of money made from your work, but then it can also seem to
inhibit
>> creativity, such as in the collage issue.
>>
>> This is a difficult issue, and court decisions can contradict each other,
making
>> it even more difficult for people to know what to do.  Often there are no
absolute
>> answers.  I have even heard a lawyer say one can be guided by what one
thinks he
>> can get away with--how big is the audience; is what you have used easily
>> recognizable, or is it such a small protion that it could be almost
anything; what
>> are the chances of your being caught?
>>
>> My advice would be, if you are worried, consult a lawyer.
>>
>> Pamela Rups
>> Computer Multimedia Specialist
>> University Computing Services
>> Western Michigan University
>> Kalamazoo, MI  49008
>> (616) 387-5016
>>
>>              ***********************************************
>>             BOOK_ARTS-L: The listserv for all the book arts.
>>       For subscription information, the Archive, and other related
>>             resources and links go to the Book_Arts-L FAQ at:
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>
>             ***********************************************
>            BOOK_ARTS-L: The listserv for all the book arts.
>      For subscription information, the Archive, and other related
>            resources and links go to the Book_Arts-L FAQ at:
>                  <http://www.dreamscape.com/pdverhey>
>             ***********************************************

             ***********************************************
            BOOK_ARTS-L: The listserv for all the book arts.
      For subscription information, the Archive, and other related
            resources and links go to the Book_Arts-L FAQ at:
                  <http://www.dreamscape.com/pdverhey>
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