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Re: Copy[RIGHT] and ethics: redrawing



Allan Edels wrote:

> I've been waiting for Bob Walters & Tess
> Kissinger to weigh in on this.  She wrote a
> book (available online, for free) about fees
> for art and copyright issues.  It's been
> awhile since I read it, and I can't remember
> this particular issue's resolution.

I've not looked at the online version but the '96 hard copy has this brief
passage under "Defining infringement and fair use."

  Those of us in the field may be
  discerning enough in our observations
  to detect *derivation* in a work, but
  there remain s only one basic definition
  of *infringement*: can an ordinary person
  viewing the original work and the alleged
  copy tell that copying has taken place?
  That's it. Furthermore, infringement is a
  quality rather than a quantity judgment.
  An infringer cannot defend himself by
  pointing out how much of a work he
  *didn't* steal."

I believe Tess was talking about commercial use of illustration there and
the following paragraphs go on to define "fair use" in critiques,
quotations, parodies, small-scale in-class lessons, etc. I'm pretty sure
skeletals -- and their special problems -- are not mentioned anywhere in
the publication. Even the passage on fair use brings up several more
questions pertaining to larger scale academic use. Tess -- let's hear from
you.


> Outside of a lawyer**, Bob & Tess could probably
> give you the best answer.

> ** = I was reminded of a Woody Allen quote -
> "Outside of a dog, a book is man's best friend.
>  Inside of a dog, it's too dark to read."

He was actually quoting Groucho Marx. IIRC, shortly after the Woody Allen
film with that quote aired (I can't remember the title), TCM broadcast A
NIGHT AT THE OPERA, with the original line by Groucho. A few weeks later,
William Safire used it in his regular column on language in the NY TIMES
MAGAZINE. Genius recognized and given its due! Ya gotta love it!!!!!

-- Donna Braginetz