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quotes and copyrights

updated wed 14 jul 04

 

stacey ballard on sat 10 jul 04


Hi Everyone,

I have searched the archives and the web, but I have not yet found a soild answer to what seemed like a easy question....So I thought some of the great minds at Clayart might be able to help. If I would like to add a quote from John Muir or Mark Twain to my artwork (that I will sell) do I have to pay or get permission from someone? I do say who the quote is from...but not sure if what I'm doing is legal.
Thanks in advance,
Stacey Ballard
http://www.basicelements.biz


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Malcolm Schosha on sun 11 jul 04


Stacey,

The copyright for those two authors is long expired, so you certainly
can use them. The more interesting question is: would it be legal to
incorporate copyrighted material into a painting, or other artwork?
It might be, if it is just a short quote. There is an organization
called Volunteer Lawers for the Arts, which is headquarted (I think)
in NYC. They might be the best source for information of this type.

Malcolm Schosha

.............


--- In clayart@yahoogroups.com, stacey ballard
wrote:
> Hi Everyone,
>
> I have searched the archives and the web, but I have not yet found
a soild answer to what seemed like a easy question....So I thought
some of the great minds at Clayart might be able to help. If I would
like to add a quote from John Muir or Mark Twain to my artwork (that
I will sell) do I have to pay or get permission from someone? I do
say who the quote is from...but not sure if what I'm doing is legal.
> Thanks in advance,
> Stacey Ballard
> http://www.basicelements.biz
>
>
> ---------------------------------
> Do you Yahoo!?
> Take Yahoo! Mail with you! Get it on your mobile phone.
>
>
______________________________________________________________________
________
> Send postings to clayart@l...
>
> You may look at the archives for the list or change your
subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at
melpots@p...

Craig Dunn Clark on sun 11 jul 04


Stacey, we also have a volunteer organization composed of accountants
and lawyers here in Houston. They are called Texas Accountants and Lawyers
for the Arts (TALA). I understand that there are similar organizations in
many of the larger cities and municipalities across the county that are
specific to their localities.
I don't know where you are located but try calling your local community
arts center/organization and they may be able to point you in the right
direction. If you have a local "Art League" they may also be a good place to
start.
One thing to keep in mind is that there are a whole bunch of "jail house
lawyers" who really don't know doodley squat about copyright and/or contract
law. Both of which are quite complex from what I understand. Someone who
specializes in answereing the type of questions that you are concerned with
is important.
Craig Dunn Clark
619 East 11 1/2 st
Houston, Texas 77008
(713)861-2083
mudman@hal-pc.org

----- Original Message -----
From: "Malcolm Schosha"
To:
Sent: Sunday, July 11, 2004 10:05 AM
Subject: Re: quotes and copyrights


> Stacey,
>
> The copyright for those two authors is long expired, so you certainly
> can use them. The more interesting question is: would it be legal to
> incorporate copyrighted material into a painting, or other artwork?
> It might be, if it is just a short quote. There is an organization
> called Volunteer Lawers for the Arts, which is headquarted (I think)
> in NYC. They might be the best source for information of this type.
>
> Malcolm Schosha
>
> .............
>
>
> --- In clayart@yahoogroups.com, stacey ballard
> wrote:
> > Hi Everyone,
> >
> > I have searched the archives and the web, but I have not yet found
> a soild answer to what seemed like a easy question....So I thought
> some of the great minds at Clayart might be able to help. If I would
> like to add a quote from John Muir or Mark Twain to my artwork (that
> I will sell) do I have to pay or get permission from someone? I do
> say who the quote is from...but not sure if what I'm doing is legal.
> > Thanks in advance,
> > Stacey Ballard
> > http://www.basicelements.biz
> >
> >
> > ---------------------------------
> > Do you Yahoo!?
> > Take Yahoo! Mail with you! Get it on your mobile phone.
> >
> >
> ______________________________________________________________________
> ________
> > Send postings to clayart@l...
> >
> > You may look at the archives for the list or change your
> subscription
> > settings from http://www.ceramics.org/clayart/
> >
> > Moderator of the list is Mel Jacobson who may be reached at
> melpots@p...
>
>
____________________________________________________________________________
__
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at
melpots@pclink.com.

Kathy Forer on sun 11 jul 04


As already mentioned, copyrights for John Muir and Mark Twain are in
the public domain as their works were published before 1923 and their
deaths were at least 70 years ago.

Volunteer Lawyers for the Arts is an invaluable resource with excellent
and dedicated pro-bono lawyers. Their site at http://www.vlany.org/
gives some idea of the scope of their mission.

For more information specifically regarding copyright, the WWW is a
trove of information, most notable sources include:
Stanford Copyright & Fair Use Center http://fairuse.stanford.edu/
United States Copyright Office Library of Congress
http://www.copyright.gov/
Copyright vs "Academic Fair Use"
http://www.uta.fi/FAST/PP3E/REF/fairuse.html
CreativeCommons Copyright Licenses http://www.creativecommons.org

Kathy Forer
http://www.foreverink.com/maps/copyright.html



On Jul 11, 2004, at 1:31 AM, stacey ballard wrote:

> I have searched the archives and the web, but I have not yet found a
> soild answer to what seemed like a easy question....So I thought some
> of the great minds at Clayart might be able to help. If I would like
> to add a quote from John Muir or Mark Twain to my artwork (that I will
> sell) do I have to pay or get permission from someone? I do say who
> the quote is from...but not sure if what I'm doing is legal.

Ivor and Olive Lewis on mon 12 jul 04


Dear Stacey Ballard,
Some one, some where, still owns the right to print and publish a dead
authors works. Might be family, might be executors,might be a
publisher.
Take professional advice on this one.
Best regards,
Ivor Lewis.
Redhill,
S. Australia.

Kathy Forer on tue 13 jul 04


On Jul 12, 2004, at 12:59 AM, Ivor and Olive Lewis wrote:

> Some one, some where, still owns the right to print and publish a dead
> authors works. Might be family, might be executors,might be a
> publisher.
> Take professional advice on this one.

While professional advice is well-advised, copyright law is pretty
clear on duration and expiration of copyright. Neither US Copyright Law
&
nor the Berne Convention
and its 1993 and 1996 revisions as the World Intellectual Property
Organization, the WIPO Treaty
allow for extension of
copyright for works published prior to 1923.

And while a very rare "perpetual copyright" under the Berne Convention
would take work out of the public domain (J.M. Barrie's eternal youth
'Peter Pan' is one such work), the US wasn't a signatory when Muir and
Twain were publishing. Early UK common law was particularly different.

In the US, the The Sonny Bono Copyright Term Extension Act ("Mickey
Mouse Act") of 1998 added twenty years to the life of a copyright to
take it from 75 to 95 years. But John Muir's last book were published
posthumously in 1915, the author having died in 1914.

US Copyright law states that:
In order for a work first published in the United States of
America to have fallen out of copyright in the United
States, the work must have been first published on or before
December 31, 1922, or have been first published on or before
December 31, 1963, and not renewed. (Copyrights under the
1909 Copyright Act were 28 years plus a 28-year renewal
term.) The (FIXME) Act of 1992 renewed the copyright on all
works first published on or after January 1, 1964 (source:
http://fullpride.tripod.com/Should-know/id4.html). Good luck
finding proof of non-renewal for copyrights on works first
published from 1923 to 1963.

As neither Twain nor Muir published past 1923 (with the posthumous 1924
exception of Twain's autobigoraphy), their works would not have been
subject to any later-revised laws or extensions.

Interesting page on sculpture made of John Muir:
http://www.sierraclub.org/john_muir_exhibit/pictures/sculpture.html

john_muir_bibliography/books_by_john_muir.html>:
Note: All of the books published in John Muir's lifetime, or
posthumously, are still in print today. As copyrights
expire, a variety of new editions by different publishers
are appearing. We have placed these books, which are now in
the public domain, on the John Muir Exhibit for your reading
online! Just follow the links on each title below to read
the book.

And while Mark Twain advocated for "perpetual copyright," he lived at a
time when a 1906 Copyright Bill extended copyright only to an author's
life plus 50 years.

Searching the WWW on an author's name and "public domain or copyright"
will turn up good sources,
:
Mark Twain (1835-1910) -- Except for some posthumous
publications, like the one below, all of Mark Twain's work
is in the public domain in the US. Here is a complete list
of available online works, including his "Chapters from My
Autobiography", which is public domain everywhere.

See also
Apparently the US Constitution places limits on copyright that are
opposed to the "perpetual copyrights" of the Berne Convention or
common-law copyrights:
sonny_bono_copyright_term_extension_act.html>.

Kathy Forer
www.foreverink.com

Steve Slatin on tue 13 jul 04


I've been sitting this one out, but think there's an issue
here that probably resolves the question and is
relatively obvious.

How large are the quotations proposed for use in the
ceramic work?

Regardless of the presence of a copyright, a brief
quotation taken from an extended literary work
will typically fall under the "fair use" doctrine.

http://www.copyright.gov/fls/fl102.html


Steve Slatin -- Entry-level potter, journeyman loafer, master obfuscator
Sequim, Washington, USA
48.0937N, 123.1465W or thereabouts
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Bruce Girrell on tue 13 jul 04


> Regardless of the presence of a copyright, a brief
> quotation taken from an extended literary work
> will typically fall under the "fair use" doctrine.

As one who has brought up the "fair use" concept a number of times, I feel
that I should also point out that making a profit as a result of using the
copyrighted material usually excludes it from the concept of fair use (and
the OP stated that profit was an objective).

Bruce "it ain't fair" Girrell

Steve Slatin on tue 13 jul 04


Bruce --

I believe you're referring to section 107 of the copyright act. The four
"to be considered" items must be taken jointly -- review the
punctuation of that section. If any quotation from a copyrighted
work that was subsequently sold were a violation you'd never be
able to find a movie review or book review in a magazine ... or on
TV ... radio ... or any other media through which people do things
to be paid.

Bruce Girrell wrote:
> Regardless of the presence of a copyright, a brief
> quotation taken from an extended literary work
> will typically fall under the "fair use" doctrine.

As one who has brought up the "fair use" concept a number of times, I feel
that I should also point out that making a profit as a result of using the
copyrighted material usually excludes it from the concept of fair use (and
the OP stated that profit was an objective).

Bruce "it ain't fair" Girrell

______________________________________________________________________________
Send postings to clayart@lsv.ceramics.org

You may look at the archives for the list or change your subscription
settings from http://www.ceramics.org/clayart/

Moderator of the list is Mel Jacobson who may be reached at melpots@pclink.com.


Steve Slatin -- Entry-level potter, journeyman loafer, master obfuscator
Sequim, Washington, USA
48.0937N, 123.1465W or thereabouts

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Ivor and Olive Lewis on wed 14 jul 04


Dear Kathy Forer,
Thank you for giving all of us a well drafted summary of the main
points of the law and some references to follow through.
Best regards,
Ivor Lewis.
Redhill,
S. Australia.