Archived posting to the Leica Users Group, 2009/02/22

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Subject: [Leica] Re: Fair use
From: lrzeitlin at optonline.net (Lawrence Zeitlin)
Date: Sun Feb 22 10:56:43 2009
References: <200902221803.n1MI3LAm093554@server1.waverley.reid.org>

These are the specific sections of the copyright rules that I was  
concerned about. (appended from Slobodan's information)

Under the fair use doctrine of the U.S. copyright statute, it is  
permissible to use limited portions of a work including quotes, for  
purposes such as commentary, criticism, news reporting, and scholarly  
reports.   COMMENT: Fairy's work does not fit any of these  
categories. The painting he created was sold and used for posters and  
the cover of magazines.

Only the owner of copyright in a work has the right to prepare, or to  
authorize someone else to create, a new version of that work.  
Accordingly, you cannot claim copyright to another's work, no matter  
how much you change it, unless you have the owner's consent.   
COMMENT: Apparently AP did not give consent. i.e. the lawsuit.

This might be an interesting case, relevant to both artists and  
photographers.

Larry Z

Replies: Reply from philippe.amard at tele2.fr (Philippe AMARD) ([Leica] Re: Fair use)