Digital BW, The Print

On 5/6/02 4:24 PM, "Jerry Olson" <jerryolson@...> wrote:

> You do know there are collage artists who use nothing but other peoples
> photographs to make their "original" collages, don't you? How do they
> get away with it?
> 
That is part of fair use.  The collage is an original artwork in itself.
There are still conditions the collage would need to meet.  It would view
reviewed in terms of "the amount and substantiality of the portion used in
relation to the copyrighted work as a whole". For example if it was a
collage where one photograph represented 90% of the collage then that would
likely not be deemed fair use.

> I'd never worry about copying an old postcard for my own purposes. How
> would you ever track down a copyright? Suppose you had hundreds of them
> to do?  We used to do this at work all the time, and never had any
> trouble. They were used for educational purposes, not to sell for a
> profit, of course. Chances are the photographer's who shot those old
> postcards have long since assumed room temperature.

Yes.  Enforcement is difficult and so is compliance.  People are often
guided by common practice more than anything else.  That is why I feel so
strongly that deliberately seeking out an artists image on the web for the
purpose of creating a reproduction of that image should not be deemed, by
anyone, let alone this group, as an acceptable common practice.

In this case I doubt very much the Weston Estate cares at all.  However, it
is not too hard to imagine other circumstances or other artists who would
care a lot.
> 
> Jerry
> 
> 
> Kevin Gullets wrote:
>> 
>> I can't believe you really believe this.
>> 
>>> Hi Todd:
>>> 
>>> I don't believe it's illegal unless I try to sell them or even give
>>> them away.
>> This is wrong. It is illegal to use a copyright image for _any_ purpose
>> without the copyright owner's permission.  The only possible way this could
>> be legal is if you used the small image as part of a larger 'original work'
>> where the small image did not form a material or recognizable part.
>> 
>>> I'm just putting them up in my kitchen. It's no different
>>> than if I took my Edward Weston: 50 Years signed, slipcased
>>> monograph, and cut out those pictures to frame them.
>> 
>> The only way this is the same is if you stole the material you then cut up.
>> 
>>> I've seen people do it with Ansel Adams calendars.
>>> As long as it's for yourpersonal enjoyment and you are not depriving
>>> anyone of any income, it's not illegal.
>> 
>> You are depriving people of income by using their images without paying for
>> them. If you really believe this then I assume I am free to plaster my home
>> with the best quality reproductions I can achieve from the images you post
>> on your web site.
>> 
>>> I was just trying to make a point that even with low quality scans
>>> you can achieve a decent print (if you know what you're doing, of
>>> course).
>> I understand.
>>> 
>>> Rich
>>> 
>>> --- In DigitalBlackandWhiteThePrint@y..., Todd Flashner <tflash@e...>
>>> wrote:
>>>> Rich
>>>> 
>>>> That's some pretty illegal stuff you're up to there. I wouldn't
>>> advertise it
>>>> so much if I were you.
>>>> 
>>>> Todd Flashner
>>>> 
>>> 
>>> 
>>> 
>>> 
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>> 
>> 
>> Please visit the Group Homepage to check the Files, Bookmarks, Polls and
>> other resources as they are often being updated. The page is at:
>> 
>> http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint
>> 
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> 
> 
> Please visit the Group Homepage to check the Files, Bookmarks, Polls and other
> resources as they are often being updated. The page is at:
> 
> http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint
> 
> Please follow these basic guidelines:
> - Include your full name with your message.
> - Include the address of your website, if you have one.
> - As threads develop, trim off excess portions of earlier messages to keep
> them short.
> - As the topic of a thread changes remember to change the subject header.
> - Good manners are required at all time. No personal attacks or "flames."
> - Complete your Yahoo profile.
> - Before posting a question, search the message archives and the various
> resources on the homepage.
> 
> 
> 
> 
> Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
> 
> 
>