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Re: Art & Intellectual Property


From: craig roland (rolandc_at_TeacherArtExchange)
Date: Wed Jul 11 2001 - 17:41:33 PDT

A few brief comments on Chris' query:

>snip....I have a few basic questions to cover and am wondering if
>anyone would care to contribute... Feel free to send any comments,
>suggestions, opinions, weblinks, or important artists relevant to
>the topic. ...snip
>1) Is there a history of copying or quotation as a studio practice
>in the history of art? Examples?

In addition to those already mentioned, consider that we would know
little of classical Greek sculpture if it had not been for the
ancient Romans who raised the skill of copying to an art form in
>2) Legal concerns of intellectual properties: For teachers?
>Students? How can an instructor use copyrighted material on a class
>website or school newsletter? How do you go about getting
>permission? Are there ways to use the info w/out permission?

As Kimberly wrote: "Teachers can use copyrighted material in a
limited way under fair use
for educational purposes. . ." The conditions under which this can
occur is covered under the "fair use" provision of the US Copyright
Act. I feel far too many of us misinterpret "fair use" as giving
teachers permission to copy anything and everything under the sun as
long as its used "for our kids."

>4) (I know this is a pretty open-ended question...) What value do
>you place upon "Intellectual property"? economic, aesthetic,
>cultural, historical, personal, spiritual...?

I suppose for me the question is as art educators, how can we NOT
value "intellectual property?" Don't we base much of our work on
the creation and study of "intellectual property?"

Not only is there an legal stipulation that we value "intellectual
property," but as Kimberly implies in her posting there is also an
ethical issue involved here:

". . . We can do so much with technology that honest people are
turning into thieves without knowing what they are doing. . . I think
all teachers need to think of the example we are setting in
using other people's property and use it with the same respect we
would expect our property to be used. "

Following are a few links to web sites for further information:

Copyright and Fair Use for the Art Educator
This page of links was compiled by Mary Beth Koos and and myself for
a presentation at the 1998 National Art Education Association
Conference in Chicago. I haven't checked it lately, so there may be
some "dead links."

A few other sites dealing with copyright that I've used in my classes lately:

Intellectual Property in the Information Age: A Classroom Guide to
Copyright by J. Walker, 1997

Keeping it Legal: Questions Arising out of Web Site Management
by Jamie McKenzie (1996)

Teaching the Fine Art of Respect for All Copyrighted Material by
Lawrence J. Magid (LA TImes, August 2000)

Copyright TIps and Issues

10 Big Myths about Copyright by Brad Templeton

DIgital Millennium Copyright Act Oct. 20.1998

CRAIG ROLAND Associate Professor of Art Education
School of Art and Art History - University of Florida
PO Box 115801, Gainesville Florida 32611-5801
Art Ed Office: 352.392.9165 Fax: 352-392-8453
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