[Sca-librarians] Visual artwork & copyright question

[FV/Rafaella]

Greetings Bryn, et al.

I'll take a stab at this... with the caveat that I'm
not a lawyer, but a digital multimedia librarian who's
fairly well read and trained on these issues.

First, my fave copyright articles/links:

I have Morgan Cain's "Copyright for the SCA" handout
which is one of the best syntheses of copyright at
all, let alone copyright in the SCA, that I've ever
read. Not sure if you can still get a copy from her
directly. See also article(s) in the TI:
Issue #129, Winter 1999. Coypright Law for the SCA,
Part 1: The Law in General" by Morgan Cely Cain 
Issue #130, Spring 1999. "Copyright Law for the SCA,
Part 2: Specific Applications" by Morgan Cely Cain 

Our local library consortium brought out Laura (Lolly)
Gassaway [big librarian/lawyer/copyright guru] for a
day-long workshop a couple of years ago and her packet
is the most-used copyright resource on my desk. her
chart on public domains works is oft cited:
http://www.unc.edu/%7Eunclng/public-d.htm. her regular
website address is:
http://www.unc.edu/~unclng/gasaway.htm.

UT copyright crash course (Georgia Harper, big
copyright guru). This site walks you thru fair use,
different formats, and contexts.
http://www.utsystem.edu/ogc/IntellectualProperty/cprtindx.htm

Stanford Libraries Copyright & Fair Use website
http://fairuse.stanford.edu/

US Copyright Office (click on the "Copyright Basics"
link)
http://www.copyright.gov/


Copying other works is okay, depending on what you
plan to do with the final product. Copying for your
personal edification is fine. Copying for selling is
not.

Copying images from history (ie, items in the public
domain) is less worrisome than using a modern
artisan's take on those historical themes.

Quoth Bryn:
"Now, this letter inspires me to want to design a
different letter. I know that if I stick with the
design elements of this original I could probably
create a letter that would be a close interpretation
of the overall look and feel, thus violating the
artist's copyright (which is not desirable)."

That is correct. Creators of art own have the right
over "derivative works"  of their art. In our context,
you could work "around" this by going to the original
source material instead of modern interpretations. If
you're going for the authentic scribal work anyway, go
to the primary source. if you're doing art for
yourself in the medieval/renaissance manner, and
authenticity isn't an issue, then work away, just
don't sell or publish the derivative work. Putting up
on a website is publishing in this context.

Unfortunately, I didn't find a "quick reference" for
artists that lists out how to make something different
enough to be an original work vs. a derivative work
but this Copyright Office circular on registering
derivative works is the closest I could come to that
currently: http://www.copyright.gov/circs/circ14.pdf
see also Chilling Effects Clearinghouse for more info
on Derivative works in the internet environment:
http://www.chillingeffects.org/derivative/

What I will do is post to the VRA list (visual
resources association) and ask other VR
curators/librarians that support art programs if they
have any guidelines for their students. 

I really appreciate that you're thinking about your
website publications issues *before* putting stuff up.
I know many SCAdians who put pix of copyrighted worka
on their websites saying "it's for teaching purposes"
and thinking that will protect them against copyright
infringement. It won't. "Educational use" in the
context of copyright law has specific guidelines and
open publishing on the web, regardless of our (the
SCA's) 501(3)c educational club status doesn't meet
the criteria. Face-to-face teaching at a
Collegium/Rush/Ithra/workshop is okay. Publishing on
the web most likely is copyright infringement (back a
little bit of "it depends" language).

Copying others work to teach yourself about style and
technique has a long and glorious history, just keep
your practice stuff to yourself for the nonce until
you're satisfied that you are now producing "new work"
and you'll be fine.

In Service,
Mestra Rafaella
Dragon's Mist, AnTir

--- Lisa Tyson <Lisa_Tyson at umit.maine.edu> wrote:

> It is important for me to keep in mind some
> guidelines for creating
> unique pieces that respects the rights of the
> artists whose work
> I see and appreciate. I would like to develop some
> designs to put
> up on the web so it is important that I become
> familiar with some
> basic guidelines now.  
> 


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