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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
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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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