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----------------------------Original message----------------------------
I was a picture researcher before I became a librarian -- As I understand
it, there are two independent rights associated with any image (be it a
painting or a photograph) -- The copyright and the reproduction right. The
artist usually maintains the copyright when a work is sold; only the
reproduction right belongs to the owner of the artwork (unless the artist
has specifically relinquished copyright).

You have to obtain permissions from the copyright and reproduction rights
holders. Both the copyright holder (usually the artist or his/her estate)
and the reproduction right holder (a museum, art gallery or collector) have
vested interests in how the work is reproduced and in what context. Most
museums and art galleries, when they are contacted, will insist that you
obtain an accurate colour image from them if you are planning to reproduce
an artwork from their collections. I think it is our responsibility to
discourage individuals (including students) from reproducing an image out of
a book, from a slide, or off the web, and possibly misrepresenting a work of
art.....unless they are just working on a class project that will not be
copied and distributed anywhere. If an artwork is going to be used in any
commercial or promotional context, it is important that the owner of the
artwork be located and contacted for permission (and a good image).

The basis of all permissions is to insure that (1) reproductions are
faithful to the original and (2) proper credit is given to the creator and
the owner. This whole issue is akin to "sampling" in the music industry --
you can't use someone else's property, without asking and obtaining
permission first.

Jill Patrick
OCAD, Toronto

-----Original Message-----
From: mmarts <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Date: Monday, October 26, 1998 10:20 AM
Subject: basic copyright law


>----------------------------Original message----------------------------
>     Highly esteemed colleagues:
>
>     At the public service desk, we often get the question: "is
>     such-and-such-famous-painting in the public domain?  Can I use it on
>     my website and elsewhere?"  I am somewhat at a loss to answer this
>     question, except that it is my understanding that generally artwork
>     becomes copyright-free 75 years after it was created.  Am I right?  Is
>     this an accurate guideline?  Also, can copyrights be renewed after
>     this 75-year period, perhaps by the current owner of the work of art?
>
>     Thanks,
>     Matthew Tallow
>     Art Collection
>     Mid-Manhattan Library
>     The New York Public Library
>     [log in to unmask]
>