Stolen art and copyright

[Robert A. Baron]

At 09:14 PM 8/29/97 PDT, Amalyah wrote:
>Don't you think a case could be made for a reproduction in a stolen art
database
>
>qualifying for a Fair Use exception as newsreporting?

But after it is missing for a day or two it is no longer news.

No, the right to reproduce such images outside of copyright restriction
proceeds from the fact that it is in the interest of society -- its
stability, its sense of right -- to do so. If the law does not provide for
this right, it should. Similarly (and here is the punch), the interests of
the furtherance of scholarship and science is served by a liberal
interpretation of fair use. When the reproduction of an object clearly
serves the ends of teaching and adds to the advancement of the science of
learning, then the private interest of copyright should be abridged.

This exception does not include yet another picture book on Cubism, but it
will include new scholarly studies on Cubism and the collection of the raw
materials scholars need to research and teach.

[Robin Panza]

In article <3.0.32.19970828...@pop.pipeline.com>, "Robert A. Baron" <rab...@PIPELINE.COM> writes:
> A work of art, under copyright, is stolen from a museum which owns the
> object, but not the rights of reproduction. Might the copyright holder
> successfully claim infringement if the object owner places reproductions of
> the stolen work on the various databases and lists maintained to help
> identify and find stolen works?

It's important to remember that copyright law is case law, meaning it's current
interpretation is based on what decisions have been made and which ones are
being brought up by the attorneys at this trial. There can be no hard-and-fast
yes-or-no answer.

However, I should think this is most easily dealt with by the owner asking
permission of the copyright holder to post "ads". It seems highly unlikely to
me that the holder would say no. After all, the stolen work can't be seen by
anyone, and that's the route to "fame and fortune" (i.e., success) for an
artist. There might be some details to work out, such as the resolution of the
pictures sent out, but I can't imagine the CR holder objecting to the owner's
attempts to retrieve its property (unless the CR holder is the one who stole
it, of course!).

Just my 2 cents,
Robin

Robin K Panza pan...@clpgh.org
Section of Birds, Carnegie MNH
Pittsburgh PA 15213 USA