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Hello ARLIS,

I'm working on a particularly challenging copyright question from a faculty
member, and wonder if anyone can help me answer a few lingering questions.
It's regarding a photograph of a 1933 painting by a deceased artist with no
legal heirs, of a relatively famous author, whose estate claims copyright
over the work (as far as I'm aware, the photograph itself). The painting
itself is at large, and the estate claims copyright over the photograph,
which is what my faculty member is trying to use for a publication.

   - The faculty member doesn't believe that the estate has legal claim to
   copyright over the photograph of the piece, under the decision set by
   Bridgeman v. Corel. I'm unsure about this, as I believe that that decision
   only applies to works within the public domain, which this piece is not. Am
   I correct in thinking that?


   - Also, this estate has granted permission to use the photograph in
   print publishing for a nominal fee. This professor also wants to use the
   photograph in a digital exhibition, which the estate is less eager to grant
   permission for - they have asked her to quantify the number of users that
   will potentially visit the site over the next five years. Is this a normal
   ask?


Many thanks in advance for your thoughts on this challenging matter!

Best,
Anna

-- 

*Anna Boutin-Cooper | she/her/hers*

Research & Visual Arts Librarian Shadek-Fackenthal Library
[log in to unmask] | 717.358.3896


Franklin & Marshall College

P.O. Box 3003

Lancaster, PA 17604-3003


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