Share on Google Plus Share on Twitter 1 Share on Facebook 1 Share on LinkedIn Share on PInterest Share on Fark! Share on Reddit Share on StumbleUpon Tell A Friend 2 (4 Shares)  

Printer Friendly Page Save As Favorite View Favorites (# of views)   10 comments
Life Arts

Must You Pay to Use Photos of Public Domain Artworks? No, Says a Legal Expert

By   Follow Me on Twitter     Message Bernard Starr     Permalink
      (Page 3 of 3 pages) Become a premium member to see this article and all articles as one long page.
Related Topic(s): ; ; ; ; ; ; ; ; ; ; (more...) ; ; ; ; ; , Add Tags  (less...) Add to My Group(s)

Must Read 1   News 1   Valuable 1  
View Ratings | Rate It Headlined to H4 9/13/12

Author 56926
Become a Fan
  (9 fans)
- Advertisement -

Sprigman: You can always sue. That's America.

Starr: But that forces the author to defend the suit, which could be costly, even if it's defeated, as in Bridgeman v. Corel.

Sprigman: The threat of a lawsuit may be the ultimate intimidation. The only thing I would say though to help people not to be so intimidated is that the copyright law provides for fee shifting, so that if you get sued for using a public domain image and you successfully defend the lawsuit there's a good chance that the plaintiff will wind up paying your attorney fees.

Starr: As we've noted, institutions are apparently avoiding initiating these suits.

Sprigman: That's true. The last thing they want is litigation because they are likely to lose. Can I guarantee that? No, because federal courts are notoriously inexpert in and uninterested in copyright. But if the case comes out in any way that it should under the law they will lose.

Starr: So what would you advise those who are hesitant to use photos of works that are in the public domain?

- Advertisement -

Sprigman: They should know that under the law if the image is "slavish," a mere reproduction, a plain unadorned exact image, they can use it and do not have to pay anyone a licensing fee.

Starr: Thank you, Professor Sprigman.

- Advertisement -

Next Page  1  |  2  |  3


- Advertisement -

Must Read 1   News 1   Valuable 1  
View Ratings | Rate It

Bernard Starr, PhD, is Professor Emeritus at the City University of New York (Brooklyn College). His latest book is Jesus, Jews, And Anti-Semitism In Art: How Renaissance Art Erased Jesus' Jewish Identity & How Today's Artists Are Restoring (more...)

Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon

Go To Commenting
/* The Petition Site */
The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Follow Me on Twitter

Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
- Advertisement -

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Corporations Plan for Post-Middle-Class America

The Pandemic Disease of the 21st Century Is on the Rise

Reza Aslan: Why Aren't You a Jew?

Response to Bill O'Reilly: Jesus Didn't Start a New Religion

Why Have Art Historians Been Silent About the Falsification of Biblical History in Artworks?

The Apostle Paul Lived and Died as a Dedicated Jew