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[teacherartexchange] More Copyright info to come - here is the short

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From: Judy Decker (judy.decker_at_TeacherArtExchange)
Date: Fri May 27 2005 - 06:18:00 PDT


Greetings Teacher Art Exchange,

I answered Harold off list - more to come.... Manipulation of
photographs has generally been decided by the courts on a case by case
basis. Chances of your students getting caught using images from the
web/magazines are VERY slim.... And chances of any artist/photographer
wanting to do anything are even slimmer. Legally, you can not display
their work on the web if you have used copyrighted works (under the
letter of the law).

Under the "letter of the law" - manipulation of a photograph is
creating a DERIVED work....and that is clearly outlined in the law.
Only the copyright holder can authorize making of a derived work.

Under the letter of the law - collage is "appropriation" of images -
and those images should be in public domain or copyright free. I
posted many links on this topic to ArtsEducators and Art Education. Of
course in a school situation - use what you can find. An artist who
sells their work should not be using copyrighted works.

Now....in a school situations it is NOT practical to write to
photographers and magazines for permission to use images...... Nor
even in the real world for that matter. I took me one month to get
permission to use one photograph of a panda (for my page I am
writing). If I want to put the image on my site to illustrate the
page, I must put a big COPYRIGHT watermark on it - their instructions.
I still have not received permission from the National Magazine I
wrote to for permission to use an image I have on my site.... so I am
telling all of you - YOU DO HAVE PERMISSION TO USE THEIR IMAGES
(initials of that magazine are NG). I felt my letter deserved and
answer. I wrote two months ago.

The lesson plans on collage will all have a mini copyright lesson on
them. You can have your class write a letter asking for permission to
use images from the magazine. I can guarantee, you will not get an
answer of whom to contact for the images in question....so use away.
KEEP THOSE MAGAZINES OUT OF THE LANDFILLS - GOOD FOR THE ENVIRONMENT.
Your kiddies can be "image recyclers" like Barry Kite
http://www.aberrantart.com/
I have a fun email from him with his copyright statement - and will
forward it to anyone using his work to inspire students.

I don't want to start a debate here.... I will post links that clearly
state the letter of the law sometime as there does seem to be some
interest.... It is up to the courts to decide if an artist gets
challenged. I have a mound of information to poor through to compile
for the page...but quite honestly, I am bored with the topic right now
(smile).

Judy Decker

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