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I am appealing to online authors, critics, editors, and publishers with this query regarding the use of copyrighted materials without explicit permission and payment for rights, on sites where the content is unquestionably for scholarship, education, or criticism.
Having learned that the editor of a prestigious digital-only scholarly journal has never received a take-down notice for any image used over its 17-year history made me wonder if others have similar track records regarding “fair use” practices. I am therefore interested in knowing who has experienced a take-down notice or anything worse, and how the matter was ultimately resolved. I am less interested in problems encountered in securing rights and permissions before publication. Please respond directly to me if you are reluctant to share your experience with everybody on this list.
I am asking this question as part of my research on copyright and its impact on scholarship. Some may know that I maintain a website, “Copyright and Art Issues” (http://darkwing.uoregon.edu/~csundt/copyweb/) and that I am actively involved with the Visual Resources Association and the College Art Association as a member of their intellectual property committees.
Thanks in advance for your response and help with my research.
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