[Foundation-l] Fair Use (again)

Delirium delirium at hackish.org
Thu Feb 1 09:37:33 UTC 2007

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: 
(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: 
(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.


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