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Re:Using photographs from magazines as reference

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  • jdecker4art
    Dear List Members, When I went to school - way back in the 70 s we were taught correctly, that it is never OK to use a published magazine photograph. We were
    Message 1 of 2 , Feb 7, 2007
      Dear List Members,

      When I went to school - way back in the 70's we were taught
      correctly, that it is never OK to use a published magazine
      photograph. We were taught to use images for research however. Then
      work from our sketches. Did I break the "rules" when I taught? Yes.

      If you follow the letter of the law - you can not publicly display a
      work that is derived from a photograph. I have researched this
      thoroughly and know that I am correct. Sure Freedom of expression
      gives you the right to create the work. Use the real case on this.
      Jeff Koons created a sculpture from a photograph and was sued. He
      LOST.
      Look it up on line. Granted, your student work will not get the same
      kind of exposure as Jeff Koons. I included in my scenario of my
      lessons that permission to use the photograph was already granted -
      or I used copyright free images.... or books intended for student
      research.

      Rights to publicity will keep you from publicly displaying a
      portrait of a person without their permission....Sure you have the
      right to create the work of art.

      A side note.... Rest assured... National Geographic will not come
      after you for using their images in collage (or other work)... I
      wrote to them twice... and emailed and never got any kind of reply.
      They don't care. That is not to say some photographer won't be upset
      if you try to sell a work derived from his/her photographs.

      Fair Use can also apply to works that you sell.... as Patty wrote,
      it is much more complicated. Teach for originality and you don't
      need to worry about copyright... OR include in your lessons that
      permission is granted for use of photographs..... and Fair Use does
      not allow you free reign as an educator either....

      I think all educators should be required to learn about copyright.
      It just makes sense. The information is out there and is easy to
      find.

      My last word for today on copyright (smiles).

      Regards,

      Judy Decker

      --- In art_education@yahoogroups.com, JLC <jeanette_10@...> wrote:
      >
      > What I remember being taught during my degree classes for art ed
      was:
      > if you use photos from a magazine, and are NOT gaining profit
      for the use of the images (intention to sell the art work created
      from the images) and they are used for educational purposes only,
      then you do not need to worry about any copyright issues.
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