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Re: copyright



Would it make any sense to establish the point that no profit nor advantage was
intended to be gained from such usage, never sold, perhaps given as a gift, but
that it was strictly a personal decorative element being used?

Lorre Smith wrote:

> Because I'm a librarian and I look at it from the viewpoint of fair use for
> making copies, my take on copyright is skewed in that direction.
>
> I put together a web page that has a strong focus on fair use rights
> <http://www.albany.edu/~ls973/copy.html> and it has links to the law as
> well as some links regarding getting permission.  One thing I have found
> about copyright law from reading it for about 25 years is that it's really
> not too hard to understand.  I recommend that anyone who is interested in
> these questions to go to the law and read especially section 107, but
> reading all of it is quite interesting.
>
> The law is purposefully written so that each case must but judged according
> to the fair use factors.  Derivative works are also discussed in the law,
> and you might get some insight for your collage work in that section (can't
> cite it for you though).
>
> But beyond reading and understanding the law, there is the possibility that
> you will be sued, no matter how well within your fair use rights you think
> you are.  If the original creator of the work wants to sue you, he/she can.
>  The best that you can do is base your rationale on the law and be prepared
> to defend yourself in court.  If you don't feel like your argument would
> stand up, you should do the best that you can to get permission for
> everyone's work you are using.  I recommend that you read the law and
> figure out your personal tolerance for risk if you plan to use other's work
> under your fair use rights.
>
> Lorre
>
> At 07:08 AM 9/28/99 -0700, you wrote:
> >I think the following by Nicholette is correct -- but you technically violate
> >the copyright
> >if you photograph your work of art and publish the photo in an ad or flyer
> for
> >your work of art. You can certainly cut up and put material from any magazine
> >or newspaper in a personal scrapbook.
> >
> >You will violate the copyright if you try to sell the work with the
> >copyrighted image included.
> >
> >In a famous incident, The author of "pot-shots" successfully sued a
> television
> >producer for using one of the author's epigrams on a "T" shirt as recurring
> >part of the
> >TV show. Although the TV producer bought the shirt from someone who had a
> >license
> >from the author, and the producer could have worn it himself anywhere -- he
> >could
> >not use the shirt with the epigram as part of the show.
> >
> >A guide -- in the "potshot" style -- "You can read what I write, and write
> >what I read --
> >but you can't write what I wrote"
> >
> >
> >
> >Nicholette Hart wrote:
> >>
> >> Hi Carrie,
> >>
> >> 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.
> >>
> >> Does that make sense?
> >
> >--
> >Martin R. Carbone / 1227 De La Vina St. / Santa Barbara, CA 93101
> >Tel: 805-965-5574 / Fax 805-965-2414 / email: mrcinc@silcom.com
>
> >Websites: http://www.modelshops.com and http://www.papershops.com and
> > http://www.boxstar.com
> >
> >--
> >Martin R. Carbone / 1227 De La Vina St. / Santa Barbara, CA 93101
> >Tel: 805-965-5574 / Fax 805-965-2414 / email: mrcinc@silcom.com
> >Websites: http://www.modelshops.com and http://www.papershops.com and
> > http://www.boxstar.com
> >
> >             ***********************************************
> >            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>
>              ***********************************************

             ***********************************************
            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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