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Hi, I am not sure how one replies on the ARLIS and keeps the reply on list. I already sent a reply to Donna that I intended for the list. The long and the short of it is that no one owns the copyright to photos of Starry Night or any other two-dimensional art work in the public domain. For two-dimensional artworks, this issue was settled in the U.S. in Bridgeman Art Library, Ltd. v. Corel Corp. http://www.law.cornell.edu/copyright/cases/36_FSupp2d_191.htm There has to be an original component to a work for copyright to apply. The court determined that there was no original content whatsoever in a photograph that reproduces two-dimensional artwork. Therefore the photograph is not covered by copyright. If the work is in the public domain, the photograph is in the public domain. The decision was based on American and British law. Although the principle has not been tested in court outside the United States, there seems a good chance that British and Canadian courts would reach the same conclusion at American courts. Photographs of three-dimensional works are different. The photographer can be credited with the angle of view, the perspective, the lighting, the framing, the background, and so on. The minimum requirements for originality in a photograph of three-dimensional works have not been tested, but most photographs of three-dimensional situations are probably covered. (Thanks to Dwayne Buttler of Louisville for that advice.) For sculptures: Showing an image live from the internet by means of a projector does not seem substantially different than viewing an image live on a monitor, so one would not be violating a museum's intent by displaying an image in a classroom. Why would museums make the images public if they didn't want them to serve an educational (and promotional) purpose? This paragraph is my own logic. Best, Steve Tatum Visual Resources Curator Virginia Tech [log in to unmask] [log in to unmask] On Feb 3, 2011, at 11:30 AM, Bill Cole wrote: > I wonder if this copyright protection would hold up in court. > > I mean, the MoMA owns Van Gogh's "The Starry Night". But owning an artwork > doesn't confer ownership of copyright. Does the MoMA have the right to > assume that ANY photograph of The Starry Night is the property of the MoMA, > and that such photographs are protected by copyright? The forthcoming > (March) issue of Print Quarterly (the leading scholarly journal of prints) > will have an essay on this subject by Anthony Griffiths. > > Best > > Bill Cole > > > On 2/3/11 4:53 PM, "Donna Bowman" <[log in to unmask]> wrote: > >> Isn't there a problem, though, with the fact that the images are >> copyright protected by the museums who uploaded them? >> >> Here in Canada, I think that makes them unable to be shown in class, >> for instance. We can point students to look at them themselves, but if a >> prof shows them in class, that would be in contravention of copyright. >> >> What a pain! >> >> Donna >> >> Donna Bowman >> Visual Arts Liaison Librarian >> Dr. John Archer Library >> University of Regina >> Regina, SK S4S 0A2 >> (306)585-5118 >> [log in to unmask] >> >> >>>>> Ulla Volk <[log in to unmask]> 2/3/2011 9:23 am >>> >> Yes, we had already put a link to it on our Web site. >> >> Ulla >> >> On 2/3/2011 8:52 AM, Moira Steven wrote: >> >> >> Have a look at this! http://www.googleartproject.com/ >> >> A prof used in her art history class. Most impressive. >> >> Moira >> ______________________________________ >> Moira Steven, Library Director >> Joanne Waxman Library @ Maine College of Art >> 522 Congress Street, Portland, ME 04101 >> 207-775-5153 (general)/207-699-5090 (direct line)/207-775-5087 (fax) >> >> "Most people don’t realize how important librarians are. I ran across a >> book recently which suggested that the peace and prosperity of a culture >> was solely related to how many librarians it contained. Possibly a >> slight overstatement. But a culture that doesn’t value its librarians >> doesn’t value ideas and without ideas, well, where are we?" — Neil >> GaimanPlease consider the environment before printing this message. >> >> >> >> >> >> ~~~~~~~~~~~~~~~~~~~~~~ >> Mail submissions to [log in to unmask] For information about >> joining ARLIS/NA see: http://www.arlisna.org/join.html Send >> administrative matters (file requests, subscription requests, etc) to >> [log in to unmask] ARLIS-L Archives and subscription >> maintenance: http://lsv.arlisna.org ( http://lsv.arlisna.org/ ) >> Questions may be addressed to list owner (Judy Dyki) at: >> [log in to unmask] >> ~~~~~~~~~~~~~~~~~~~~~~ >> >> ~~~~~~~~~~~~~~~~~~~~~~ >> Mail submissions to [log in to unmask] For information about >> joining ARLIS/NA see: http://www.arlisna.org/join.html Send >> administrative matters (file requests, subscription requests, etc) to >> [log in to unmask] ARLIS-L Archives and subscription >> maintenance: http://lsv.arlisna.org ( http://lsv.arlisna.org/ ) >> Questions may be addressed to list owner (Judy Dyki) at: >> [log in to unmask] >> ~~~~~~~~~~~~~~~~~~~~~~ >> >> >> ~~~~~~~~~~~~~~~~~~~~~~ >> Mail submissions to [log in to unmask] For information about joining >> ARLIS/NA see: http://www.arlisna.org/join.html Send administrative matters >> (file requests, subscription requests, etc) to [log in to unmask] >> ARLIS-L Archives and subscription maintenance: http://lsv.arlisna.org >> Questions may be addressed to list owner (Judy Dyki) at: [log in to unmask] >> ~~~~~~~~~~~~~~~~~~~~~~ >> > > > ~~~~~~~~~~~~~~~~~~~~~~ > Mail submissions to [log in to unmask] For information about joining ARLIS/NA see: http://www.arlisna.org/join.html Send administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.arlisna.org Questions may be addressed to list owner (Judy Dyki) at: [log in to unmask] > ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ Mail submissions to [log in to unmask] For information about joining ARLIS/NA see: http://www.arlisna.org/join.html Send administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.arlisna.org Questions may be addressed to list owner (Judy Dyki) at: [log in to unmask] ~~~~~~~~~~~~~~~~~~~~~~