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dino photos and art on the web



>I detect a certain doubt about the relative value of art work and
>photographs. I don't think anyone would consider using the works of a
>well-known writer, scientist, researcher, etc. without their permission. I
>think we should show the same respect and consideration for well-trained,
>educated professionals in other areas as well.

Thank you, Ms. Viger.  I do too.  And I agree that "Fair Use" is not the
legal umbrella a lot of potential web infringers may hope it is.

The "fair use" doctrine has been developed primarily through a number of
court decisions over the years.  I will quote from the Report of the
Register of Copyrights on the General Revision of U.S. Copyright Law which
cites examples that courts have decided ARE fair use.

 "quotation of excerpts in a review or criticism for purposes of
illustration or comment; quotation of short passages in a scholarly or
technical work, for illustration or clarification of the author's
observations; use in a parody of some of the content of the work parodied;
summary of an address or article, with brief quotations, in a news report;
reproduction by a library of a portion of work to replace part of a damaged
copy; reproduction by a teacher or student of a small part of a work to
illustrate a lesson; reproduction of a work in legislative or judicial
proceedings or reports; incidental and fortuitous reproduction in a
newsreel or broadcast, of a work located in the scene of an event being
reported."

Once you've made a piece of someone else's artwork available to EVERYONE ON
THE PLANET WITH A MODEM you've pretty much exceeded fair use.

There is a funny attitude in America about art.  People want the art.  They
just don't want to pay artists.  In paleo, artists have to work night and
day, reading the scientist's papers, then interpreting that information in
a work of art that had better pass scientific muster or they'll hear about
it and maybe lose work - and all of this without an institution behind
them, providing an income.  It can, at times, be a stressful and precarious
life for even the most talented, but they hang in there.  Their love for
the science is why they do it, but too often seems to exceed the science's
love for them.

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