Whitmanian Painters and Copyright Procedures
 
 
Electronic technology allows a site like this to be made possible; it is imperative for the viewer to not only read about Whitman's influence on painters, but actually to see Whitman's words come alive in their art. This web site tries to do just that-- provide a delicate balance of text and image, in order to create the total viewing experience. Because nearly any image on the Internet can be reproduced, copyright problems are not only probable but inevitable. 

As such, I would like to claim that this site was created for a class at The College of William and Mary in May 1999. Therefore it is a nonprofit, educational tool only. All the images reproduced in this site were taken from the Internet, with the exception of the four Joseph Stella paintings, which were scanned in from a biography on Stella (Jaffe, Irma. Joseph Stella. New York: Fordham University Press, 1988). I have borrowed several images from Mark Harden's Artchive, and his copyright procedure is the following: "You are free to use up to five or six images from the site for any personal non-profit, educational purpose. This would primarily be your personal home page, but could also be, for example, one-time use for an offline presentation. I ask that you provide credit to "Mark Harden" as the source for each scan. If the images are used on a web site, please display the credit in the form of a link to my site." I have complied with all of these requests.

 
 
Fair Use 
I have borrowed the Fair Use definition from the Artchive, which actually is quoting the Act itself:  "§107. Limitations on exclusive rights: Fair Use. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - 
  • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  • the nature of the copyrighted work;
  • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • the effect of the use upon the potential market for or value of the copyrighted work [The low resolution (72 dpi) JPG images in The Artchive are entirely unsuitable for printed reproduction, and as such provide no competition for licensed, high resolution images of the copyrighted images. To the contrary, the availability of these images online often results in requests for licensing information, reproductions, and even original artwork, all of which result in increased revenue for the copyright holders.]" 
As I have said, the purposes of this site are nonprofit and educational in nature. I feel that the amount of work is representative of a larger whole but not at all a substantial portion of an artist's complete works.
 
 
Public Domain 
My understanding of public domain for this web site is derived from the aforementioned Artchive: "If the artist has been dead more than seventy years, his or her work is in the public domain. Reproduction rights are then concerned with rights held by those who have produced photographs of the works (in other words, if you took a snapshot of a public domain work yourself, you could do anything you want with it). Normally, museums have commissioned photographs of their works and thus hold the rights to these photographs to be used in reproduction. So, a first step here would be to contact the museum where the work is held." With this definition in mind, I believe that I have sufficiently complied with copyright laws. Vincent Van Gogh died in 1890 and Thomas Eakins died in 1916, therefore they have been deceased longer than the seventy year cutoff and are public domain.
 
 
Further resources 
I am admittedly ignorant in the field of copyright, so for students who wish to know more, I advise you to visit http://www.benedict.com/, a web page devoted to problems and questions of copyright. The Artchive also lists two good starting points for reproducing images if an artist is still alive or has been dead less than seventy years. They are:
 
Artists Rights Society 
65 Bleecker Street 
New York, NY 10012 
(212) 420-9160 
http://www.arsny.com
VAGA 
 Visual Artists and Galleries Association, Inc. 
521 Fifth Avenue Suite 800 
 New York, New York 10017 
 212 808-0616 
 
I would furthermore like to add that I reproduced all of these images in late April and early May 1999. I invite anyone with questions or comments to contact me at blrich@maila.wm.edu.
 
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