ASSIGNMENT THREE

Easy Access vs Fair Use

Before an image is converted to digital form, the right to reproduce it electronically for user display must be acquired, or the public-domain status of the work must be verified. (Simple possession of a work or a reproduction does not necessarily give its owner electronic reproduction or distribution rights.) The conditions under which users may view, print, or download each image must be determined and a system built that enforces those rules.
Besser and Trant,
Introduction to Imaging, Getty Art History information Program, 1995, p. 17.

Our Problem

How do we combine our desire to disseminate the Hulmer art works broadly with our need to protect our property and ownership rights? There is no simple answer to this question, for it depends upon how we define the role of this website, its relationships to us its creators, and its function as part of Allegheny College, the owners of the artwork and patron of the project. In this exercise we will consider legal and professional policies on ownership and publication, security possibilities, and common practice concerning fair use. We will use the OCD application to carry out our discussions and expand our frames of reference. Some questions to consider are listed below.

What are the issues?

What exactly are we trying to protect? Why do we have copyright laws?

What have others done?

Look at some of these museum and art sites for examples of how people handle this issue differently. Set yourself the task of trying to look at their images as closely as possible AND trying to download the images into your account for your own use. I've given you home page references, but you may have to wander into the sites a bit to get to the images themselves. For many museums, having to work for the images is part of the strategy. Ask yourself if their methods are legal? are they user-friendly? and are they role-models for us? This image of Leonardo da Vinci's Annunciation was downloaded from the Uffizi site listed above. Am I using it legally on this page?

Questions to Consider

  1. Do we have the electronic reproduction and distribution rights to the Hulmer Russian Art collection? How do we check this?
  2. How do other entities try to control unauthorized use? Do these methods work? Consider the example sites posted.
  3. What technologies are available for marking our images and / or controlling access to them? Do we personally have these capabilities?
  4. What do you think would happen if we just put our images out there on the web and didn't worry about what happened to them? Which, if any, of the usage scenarios do you think we should try to prevent?
  5. Are we the people who should be making these decisions? If not us, then who?
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This page was last updated on February 3, 1997.
The graphic design concept comes from David Siegel (see Credits) and the animated graphic from Gavin Studios cited above.