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Re: [BKARTS] powerpoint and copyright



Audrey,
The Library of Congress Copyright Office website
is the place to find the answers. But as I've
discovered recently, anything not on their
website doesn't have a definitive answer. For
example, "fair use" can be a bit nebulous [I've
had a few creative customers insist that since
they're not making a profit on the image today,
and they could take it home and copy it
themselves anyway, it's only fair use that I copy
it for them. Ha! Or for example, one customer
wanted to reproduce an artist's work as a
surprise gift for the artist himself. He insisted
no one was going to make any money off it, but he
overlooked that he would be paying us to make the
print , so we'd be making what would rightfully
be the artist's profit.]
I called and asked the Copyright Office info
specialists just a couple weeks ago: yes, if you
reproduce a photograph of a work of art, you need
permission from both the original artist and the
photographer. They both can hold limited
copyright.
And here's one other quirk I discovered: before
1989 a work technically had to carry a symbol of
copyright in order to be protected. That's no
longer the case of course, but the Copyright
Office is not taking a stand as to whether
symbol-less images are or are not copyrighted.
But it is nice (and safe) to ask permission.
It's my understanding that only works created
before 1921 (next year it'll be 1922 and so on)
are definitely public domain under U.S. law
(don't forget other countries have other rules).

-Jenn Lubkin

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