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A: As no one in your family recognizes the drawing, you must consider the possibility that it was drawn by somebody from outside the family. Since this is not known, you cannot assume that you are a copyright owner of this drawing.

The “zone of uncertainty” about this drawing makes it an “orphan work”: something that is presumably still under copyright, but whose owner is not findable. Whether or not to display it in public is an individual’s choice.(American Library Association 2011)

Conclusion

What about Danielle? Art and photos on the Internet have copyright protection, just like anywhere else. Danielle has infringed on the copyright of the other photographer. The easiest approach to this situation is for the two of them to come to an out-of-court settlement, either by themselves or with a professional mediator.

Glossary :

Actual damages : In a copyright case, it is the actual number of dollars lost on account of the defendant’s actions.

Statutory fees : Predetermined payments established by law to compensate for certain injuries. Statutory damages are sometimes made available because it is too difficult to calculate actual damages. (Nolo Plain English Law Dictionary (External Link) )

Scenarios:

Scenario 1) My roommate has been working on a collage for several months. He could not find the right materials for one portion, so when I went home, I took several pieces of fabric from my grandmother’s sewing bag. One of them was just what he needed. The collage is finished and attracting attention; he expects to sell it for a good price. It got me thinking; without my contribution, he might never have finished it. Aren’t I a part copyright owner?

Scenario 2) I created a painting based on an idea my uncle came up with during a walk we took together. He now claims copyright interest in my painting. Is this possible?

Scenario 3) My paintings are displayed in a gallery. Some photographer came in and took careful photographs of each one. He says that since he took the photos, he owns the copyright of the photos. Is this possible?

Scenario 4) I attended a sporting event with my friend, who is a photojournalist,. I brought my camera, but he did not. During the event, a fight broke out in the stands near us. My friend asked to use my camera, and took several quality pictures of the fight. He then returned the camera to me, but asked me to send “his” pictures to him after the game. I suggested that he pay me a small fee for these pictures, as it was my camera that made them possible. He says he doesn’t have to, because copyright goes to the photographer. What is the correct answer?

Scenario 5) My graduate advisor and I have put together an academic journal article on the use of fine art in psychotherapy. We would like to include three of the paintings that have been used successfully. Even though the journal we’ve submitted it to isn’t an art journal, the editor is insisting that we get copyright clearance to publish these images. Why? Isn’t this an educational use?

Scenario 6) In our attic, I found two journals full of notes from a college student in the 1960s. My father said they were written by a friend of his. He’s lost track of the friend and the friend had a really common name, so I doubt I’ll ever find him. I’d like to write a one-act play based on one of the events in the journals. It is different from anything else I’ve read or heard about the 1960s and I think it would be a good production. Is it OK to use this?

Bibliography

Chapter 7: Artwork and Photography

"Circular 1-Copyright Basics." accessed Jun 23, 2003, (External Link) .

American Library Association. "Copyright: Orphan Works." 2011, (External Link) .

American Society of Media Photographers. "Copyright Tutorial: Photos of Public Buildings." 2011, (External Link) .

Findlaw.com. "Kelly v. Arriba Soft Corporation." 2010, (External Link) .

Laws.com. "Famous Cases Law: Rogers v. Koons." 2010, (External Link) .

Ovenall, Sarah. "Copyright for Collage Artists." Funnystrange.com2010, (External Link) .

Digital Millennium Copyright Act, (1998).

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Source:  OpenStax, Copyright for the rest of us. OpenStax CNX. Dec 15, 2011 Download for free at http://cnx.org/content/col11385/1.2
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