Jennifer,

Technically, yes, they do. The nature of the publication of an image is not
normally the primary consideration in litigation, nor is the fact it will
not be commercially sold. It is the unauthorized publication itself that is
the issue. A corporation would have difficulty defending itself with "fair
use" rules, regardless of the use to which the image is put.

Getting permission from artists is usually quite easy, if a little time
consuming, especially if they are still living. Most are not concerned with
fees, and are happy to have their images reproduced. The fact that it will
not be sold, generally eliminates the fee issue anyway. The request is also
a courtesy, which is very much appreciated in the art community. They will
want a couple copies for their files, but that is usually it.

It is too easy to seek the permission to risk the potential consequences
for not doing so.

Talk to your attorney before doing anything with copyright.

Mark Janzen
Registrar/Collections Manager
Edwin A. Ulrich Museum of Art
Martin H. Bush Outdoor Sculpture Collection
Wichita State University
(316)978-5850



             Jennifer Uhrhane
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             01/07/2004 02:15
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i am consulting for a company on a publication. the book will feature
artwork in their corporate art collection. the book is going to be
produced for strictly internal company, not commercial, use. does the
company have to get artists' permissions to reproduce their work if the
book is not being sold?

thanks for your help.
--
Jennifer Uhrhane
[log in to unmask]
www.detailphoto.com

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