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Subject: Intellectual property

Intellectual property

From: Cary Beattie Maguire <cary>
Date: Monday, April 9, 2007
Mark Halvorsen <negativ9 [at] sbcglobal__net> writes

>I have a question regarding Internet copyright restrictions.  I am
>doing a live gallery show of local concert fliers from the 1980's,
>and one local collector may opt not to share his work. ...
>He does have local flier images on his website, however.  Is it a
>violation of law to print them off his website and display these
>reprints at my gallery show?

I did quite a bit of research into Internet and image copyright last
year. Some of this research was presented at AIC, but not published.
The artists, teachers, and lawyers I spoke with here in Rhode Island
each had a different understanding of copyright.  I tend to defer to
the two art lawyers consulted.  They each believed that the only
person who may give permission for use of the image is the artist,
not, as I had assumed, the owner.

One example given was that of a museum archive.  The lawyer said
that it is not up to a museum to give copyright permission to
someone or institution to use an image from the collection, only the
artist can.  Another example was given to me concerning pictures of
treatments conservators place on their websites.  Say I treat a Dale
Chihuly glass bowl.  I do not need to ask permission from the owner
to showcase the image on the site, but do from Chihuly.  Since the
picture is being used to demonstrate an epoxy fill and I do not
intent to profit from the image, most likely the artist will not
send me a sternly worded note telling me to remove the image if I
did not previously ask permission.

The laws concerning ethnographic art are far more defined than fine
art. You may want to consider drawing from these in order to make an
informed decision.  Keep in mind that law changes every day and a
lawyer specializing in art who is located in your state is the best
source for current information.

I hope some of this information helps you.  if you would like more
information please don't hesitate to contact me directly.  I have
much more information in various files, but not available for
posting here.

Cary Beattie Maguire
Conservator of paintings and decorative art objects
Craquelure, LLC
Bristol, Rhode Island
Fax: 401-396-9473

                  Conservation DistList Instance 20:49
                  Distributed: Friday, April 13, 2007
                       Message Id: cdl-20-49-005
Received on Monday, 9 April, 2007

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