Digital BW, The Print

Jerry Olson wrote:

> Not originals, but they take them from magazines.
>
> I have seen many a painting in art galleries and museums that have
> copyrighted images as their subject. I've seen a huge painting of Donald
> Duck (about 8x12 feet) in psychedelic colors that went for about $5000.
> I'm fairly certain the painter did not get copyright permission from
> Disney. And I've seen many other samples like this. Andy Warhol comes 
> to mind...
>
These uses generally fall under the protected category of fair use in 
one of two  ways:

1)    Fair editorial comment which voids attacks based upon:

a) copyright

b) appropriation of image or likeness -- Like using Marilyn Monroe's 
image in a Warhol

2)    As a derivative work in which the included work is a small part of 
the overall new work (the early music sampling defenses by MC-style 
rappers used this argument)

That said, ART is not considered Commercial speech.  Were it considered 
commercial instead of editorial, for example, were one to make Marilyn 
Monroe keychains instead, expect lawsuits - as those who made Elvis 
memorabilia found out... The line between art and commerce may be 
blurry, but in clear cases of obvious violation, expect to get bitten..

Keith