[cc-community] Licensing postcards, etc.

Terry Hancock hancock at anansispaceworks.com
Mon Oct 2 22:22:17 EDT 2006


Edward Bryant wrote:
>  If I am selling an oil painting on Ebay and I take a picture of it
>  for my listing, then there are two copyrights potentially at issue:
>  (1) the photograph, and (2) the image of the painting. As the
>  photographer and seller of the painting, I could logically argue that
>  I own the copyright in the photo and have fair use to use the image
>  of the painting in the photo (because I am photographing it to sell
>  it). In such a situation my copyright notice is entirely valid, even
>  if I don't own the rights to the painting itself.

The photograph of the painting, if it does no more than reproduce the 
painting, is not (under US law)  copyrightable as a new work.  It's 
merely a copy:

http://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel_Corp

However, as the link will explain, the courts might decide differently 
in another jurisdiction (however, I think this is generally untested).

A second point is that, according to the US copyright office, 
"advertising materials" are not copyrightable either.  I'm not sure 
whether that would be considered to apply, though.

Cheers,
Terry


-- 
Terry Hancock (hancock at AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com




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