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Subject:
From:
Anna Louise Pearman <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Wed, 23 May 2001 11:41:45 EDT
Content-Type:
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text/plain (59 lines)
As a college fine arts professor, I use numerous copyrighted images in my
classroom.  I always display the copyright owner's notice with the image or
text.  My understanding is that if the image/text is used for teaching and is
not for profit, then it's use is permissible.

As an artist speaking from experience, I had my copyrighted design ("King
Tut" T-shirt) that I did for the Field Museum in Chicago "pinched" by an
unscrupulous merchant.  I took him to Federal Court for copyright
infringement and won.  Had he asked me, I probably would have agreed to a
one-time license, for a fee.

If you're going to use the image in an exhibit or catalogue or souvenir for
which you will realize a financial gain, then it becomes complicated.  I'd
say your best bet in that scenario would be to contact the copyright owner,
explain the usage and "for profit" aspect, and let them decide if they want
to charge you a licensing fee.  I'd ask for their response in writing.

Seeking the advice and services of a patent and copyright attorney can be
costly, so I would not go that route initially.

I use the following summary as my guidelines:

"Federal law makes it illegal to duplicate copyrighted materials without
authorization of the holder of the copyright, except for certain exempt
purposes. Severe penalties may be imposed for unauthorized copying or using
of audio, visual or printed materials and computer software, unless the
copying or using conforms to the "fair use" doctrine.

Under the "fair use" doctrine, unauthorized reproduction of copyrighted
materials is permissible for such purposes as criticism, comment, news
reporting, teaching, scholarship or research. If duplicating or changing a
product is to fall within the bounds of "fair use," these four standards must
be met for any of the foregoing purposes:

1) The Purpose and Character of the Use: The use must be for such purposes as
teaching or scholarship and must be nonprofit.

2) The Nature of the Copyrighted Work: Single copies may be made of book
chapters for use in research, instruction or preparation for teaching,
articles from periodicals or newspapers, short stories, essays or poems,
charts, graphs, diagrams, drawings, cartoons or pictures from books,
periodicals, or newspapers in accordance with these guidelines.

3) The Amount and Substantiality of the Portion Used: Copying the whole of a
work cannot be considered fair use; copying a small portion may be if these
guidelines are followed.

4) The Effect of the Use Upon the Potential Market for of Value of the
Copyrighted Work: If resulting economic loss to the copyright holder can be
shown, even making a single copy of certain materials may be an infringement,
and making multiple copies presents the danger of greater penalties."

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