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Date: Wed, 22 Jan 2003 22:29:30 -0800
To: 
From: Carl Cook 
Subject: Re:RE: Copyright INFRINGEMENT/
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>
>-> I have been photographing art - Portfolio drawings and paintings, etc., to
>-> produce slides for submission by the artists (mainly High School
>students)with
>-> the goal of gaining admission into Art Schools.
>->
>-> The originals are certainly NOT my work, but the slides are.  What would
>happen
>-> if I choose to produce advertising copy using those slides - not to sell
>copies
>-> of the original works - but to promote the quality of MY work?
>->
>-> I don't think that would be a violation of *copyright* - but I think that a

It would be the same as any other example of making photographs of private 
property and using the photos commercially with out the permission of the 
subjects rightful owners. And, yes, promoting yourself is a commercial use 
of the pictures. You own the photographs, and their copyrights, but the 
artists own the subjects of your photographs -- their work, and the 
copyrights to their work, so of course, they have the legal right to 
control the commercial use of their work, including any images of that work.

If you have photographed art and want to use some of the slides in a 
brochure or whatever, simply obtain permission of the artists. Most would 
probably agree happily. Don't assume, however, that just because they are 
students, that they would be happy to see you do something with their work 
(without asking first). We all know what assume spells!  :)

Incidentally, publishing on your web site, if not in an editorial context, 
can be considered commercial, especially if it is being shown as a 
portfolio of your work. There is quite a difference between showing slides 
in a portfolio and publishing them to the world.

I'm no lawyer, and am only liable for the amount of money you paid to hear 
this -- about zip I think!



e-mail: clcook{at}olywa.net
http://www.clcookphoto.com

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