Jennifer,

I concur with Mark's observations. I dealt with these same issues while
employed in a corporate museum.

I called each artist (or the representative of their estate that manages the
copyright for them such as ARS in New York City) and received their
permission to use art work of theirs that the company owned. In our case,
the intended use was in a calendar that was going to be distributed for
free.

All gladly gave their permission, did not charge a fee, and requested a copy
or two for their files.

Unless the company owns the copyright on the image, the artist still has the
right to determine how the company uses a reproduction of the image, such as
whether or not you can use a detail or have to use the entire image, what
kind of publication, ad, etc. that you intend to use it in, and other
issues.

Nancy Powell

----- Original Message -----
From: "Mark Janzen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, January 07, 2004 4:06 PM
Subject: Re: photo reproduction rights issues


> 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
>              <jenuphoto@EARTHL
>              INK.NET>                                                   To
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>              <[log in to unmask]
>              SE.LSOFT.COM>                                         Subject
>                                        photo reproduction rights issues
>
>              01/07/2004 02:15
>              PM
>
>
>              Please respond to
>              Museum discussion
>                    list
>              <[log in to unmask]
>                SE.LSOFT.COM>
>
>
>
>
>
>
> 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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