Overall, I find Ms. Pearman's analysis to be fair from the point of view of copyright holders.  I would like to mention however, that her text on the four standards of fair use is not taken straight from the text of the four standards in the copyright statute.  Rather, her text it is partially taken from the law and also contains interpretations.  The actual clauses are more vague and open to constant debate.  For example, you can just imagine how different people might define "teaching" and "scholarship".
 
Below is the exact text.  For more on the 1976 copyright act and other copyright laws, check out the US Copyright Office site at: http://lcweb.loc.gov/copyright/. 
 
VAGA, the company of which I am the executive director, is a copyright collective administering reproduction rights for approximately 5000 artists worldwide.
 
 
                            § 107. Limitations on exclusive rights: Fair use38

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-
 
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
 
(2) the nature of the copyrighted work;
 
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
 
(4) the effect of the use upon the potential market for or value of the copyrighted work.
 
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Sincerely,
Robert Panzer
 
VAGA (Visual Artists and Galleries Association)
350 Fifth Avenue
Suite 6305
New York, NY  10118
tel. 212 736 6666
fax. 212 736 6767
E-mail. [log in to unmask]
 
 
 
 
 
----- Original Message -----
From: "Anna Louise Pearman" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, May 23, 2001 11:41 AM
Subject: Re: copyright for using images in exhibits

> 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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