Robert Scott Horning wrote:
I am curious if anybody who is a regular
participant on this mailing
list has ever come across an equivalent peer to Wikipedia (aka
Britannica or a major website like
cnn.com) that would use modern art
works (I'm defining modern as created by anybody who has died since
1924) and publish reproductions of them using fair-use as the only
justification for their inclusion?
Sure, here's some:
A 1932 Pablo Picasso painting:
http://archives.cnn.com/2000/STYLE/arts/05/10/picasso.auction.ap/
(credited as "AP Photo", though it's doubtful the AP owns the copyright)
A 1939 Pablo Picasso painting:
http://www.cnn.com/SPECIALS/2000/year.in.review/story/arts/ (credited as
"CNN", again doubtful)
Sometimes it's unclear:
A 1953 Mark Rothko painting:
http://archives.cnn.com/2000/STYLE/arts/11/15/sothebys.auction.reut/
(credited as "Courtesy Sotheby's", but it's unclear whether the
"courtesy" means they were given a copyright license, or, more likely,
are using it under an {{en:promotional}} type fair-use claim)
My general impression is that fair-use images are quite common in
journalism. I don't know about encyclopedias. They are fairly common
in educational books---film-studies books frequently make fair use of
low-resolution still shots from films.
neither of the three examples shows that cnn uses fair use. The credits seem
to refer to the story. For example:
"By Deb Krajnak
Arts & Style Editor"
probably just means that Deb is an CNN Arts & style editor.