Mural for School Library

[Clb0311]

What is the name of your state (only U.S. law)?

 

[Clb0311]

Message didn't submit correctly...

Can I have a mural of book characters painted in my school's library? Is this considered Fair Use?

 

[Just Blue]

Can I have a mural of book characters painted in my school's library? Is this considered Fair Use?

What US State are you in?

 

[TheGeekess]

Can I have a mural of book characters painted in my school's library? Is this considered Fair Use?

As long as the characters aren't owned by Disney (or Marvel or DC, etc)....

 

[quincy]

Can I have a mural of book characters painted in my school's library? Is this considered Fair Use?

Because you mention "fair use" (and not "fair dealing"), I can assume you are in the US - but in what state do you reside?

What sort of "book characters" do you wish to depict in the mural?

If you plan on using characters from books that have already been illustrated in books or in films, these illustrations (more than likely) would be copyright protected (and some are protected as trademarks). Copyrights cover the creative and original works of an author. The creator of the work (with a few exceptions) has the exclusive right to reproduce or copy the work, display or perform the work, distribute the work, and prepare derivative works.

As TheGeekess mentioned and for example, if you want to paint a mural using characters from the novel Peter Pan by J.M. Barrie, you can use the characters from the book - but you cannot use them as illustrated and depicted by Disney in its animated film. Your Peter Pan characters must be original to you, based on the descriptions from the public domain book and not as Disney envisioned the characters. Disney has rights to how it has illustrated Peter Pan, Mary, Tinkerbell, Captain Hook and the other characters from the book. To use Disney illustrations for your mural, you would need to acquire rights from Disney.

Fair use in the US is not, as a note, permission to use another's rights-protected material. It is an affirmative defense to an infringement complaint. Whether a use is a fair use of copyrighted material is ultimately decided by a court if the copyright holder sues over an unauthorized use of his material. Fair use is still infringement but it is an excusable or permitted unauthorized use. Criticism or commentary on a work, or parody of a work, or a work used for teaching purposes, or in news reporting (for a few examples) can often be found to be a fair use of copyrighted material.

A court will consider four basic factors when deciding if a use is a fair use - the purpose and character of the use (e.g., commercial or educational), the nature of the work (e.g., fictional or non-fictional), the amount or substantiality of the portion used in relation to the copyrighted work as a whole, and how (or if) the unauthorized use affects the market for or value of the original.

You will probably want to have the specifics personally reviewed by an IP attorney in your area, before moving ahead with plans to paint the school library.

Good luck.

 

[Clb0311]

I'm in North Carolina.

North Carolina

 

[quincy]

North Carolina

Thank you for providing your state name, Clb311. What I wrote about fair use, then, applies to you.

I suggest you review your mural plans with an IP attorney in your area, to best determine if the book characters you wish to use are rights-protected and/or if your mural will infringe on anyone's IP rights.

Good luck.

 

[Zigner]

Are you a student, a teacher, or an administrator?

 

[quincy]

The mural is unlikely to be found an educational use, regardless of who creates it, if the mural depicts copyrighted characters.

 

[LdiJ]

The mural is unlikely to be found an educational use, regardless of who creates it, if the mural depicts copyrighted characters.

If its being done in the school library I think that it might get approved...or, there may be materials that can be purchased to do something similar to a mural. I think that is what I would be looking for...materials that could be purchased to make something similar to a mural or used in conjunction with a mural.

For example, paint the background wanted on the wall, then cut figures out of posters to go on top of the background, and then apply a clear coat over the figures.

 

[quincy]

If its being done in the school library I think that it might get approved...or, there may be materials that can be purchased to do something similar to a mural. I think that is what I would be looking for...materials that could be purchased to make something similar to a mural or used in conjunction with a mural.

For example, paint the background wanted on the wall, then cut figures out of posters to go on top of the background, and then apply a clear coat over the figures.

That would appear to be copyright infringement and not an educational use of copyrighted material. Just because a school does something does not mean it is a fair use of copyrighted material. Again, look at what exclusive rights a copyright holder has and look at the factors considered in fair use (which, as a note, are factors to be used as a guideline only).

Whether a copyright holder would discover an unauthorized use of his copyrighted characters and/or take exception to the use is, of course, a question mark. That is why the particular characters need to be known - to see what sort of legal risk a school would be taking in using book characters. There might be no legal risk at all.

I can envision right now tranquility rolling his eyes and ranting to himself about IP laws and my unreasonable support of copyright holders.

 

[LdiJ]

That would appear to be copyright infringement and not an educational use of copyrighted material. Just because a school does something does not mean it is a fair use of copyrighted material. Again, look at what exclusive rights a copyright holder has and look at the factors considered in fair use (which, as a note, are factors to be used as a guideline only).

Whether a copyright holder would discover an unauthorized use of his copyrighted characters and/or take exception to the use is, of course, a question mark. That is why the particular characters need to be known - to see what sort of legal risk a school would be taking in using book characters. There might be no legal risk at all.

I can envision right now tranquility rolling his eyes and ranting to himself about IP laws and my unreasonable support of copyright holders.

How can that be an infringement if they pay for the posters that they cut the figures out of? People are entitled to do whatever they like with items that they purchase, as long as they are not creating a product for sale. The school would be purchasing the materials for its own use. It would certainly not be an infringement to purchase posters and put them on the wall so why would it be an infringement to cut the characters out of a poster and put them on the wall?

 

[quincy]

How can that be an infringement if they pay for the posters that they cut the figures out of? People are entitled to do whatever they like with items that they purchase, as long as they are not creating a product for sale. The school would be purchasing the materials for its own use. It would certainly not be an infringement to purchase posters and put them on the wall so why would it be an infringement to cut the characters out of a poster and put them on the wall?

Public display of a copyrighted work or creating a derivative of a copyrighted work, perhaps? It can depend on how a copyrighted work is used and where it is used.

For example, you cannot purchase a "Frozen" DVD and show the video to your students if the video does not have an educational purpose. You can purchase a poster and hang it on your wall but you cannot cut out the figures on the poster to create your own work.

Visit the following links:

US Copyright Office: http://www.copyright.gov/title17/92chap1.html

Bitlaw: http://www.bitlaw.com/copyright/scope.html

Whether a copyright holder would discover their work being used in a classroom or in a library could be unlikely. Whether a copyright holder upon discovery of an unauthorized use would then object to the use is a question mark.

 

[LdiJ]

Public display of a copyrighted work or creating a derivative of a copyrighted work, perhaps? It can depend on how a copyrighted work is used and where it is used.

For example, you cannot purchase a "Frozen" DVD and show the video to your students if the video does not have an educational purpose. You can purchase a poster and hang it on your wall but you cannot cut out the figures on the poster to create your own work.

Visit the following links:

US Copyright Office: http://www.copyright.gov/title17/92chap1.html

Bitlaw: http://www.bitlaw.com/copyright/scope.html

Whether a copyright holder would discover their work being used in a classroom or in a library could be unlikely. Whether a copyright holder upon discovery of an unauthorized use would then object to the use is a question mark.

I wouldn't call a school library "public display"...and a derivative work has to have a commercial purpose. A school can also purchase a video of Frozen to show in classrooms, they simply have to purchase a different version. I know this, because I ordered many videos for my daughter's school when I was PTA president. There is are whole catalogs available just for organizations like schools to purchase from. In fact, they can probably do it online now.

 

[quincy]

I wouldn't call a school library "public display"...and a derivative work has to have a commercial purpose. A school can also purchase a video of Frozen to show in classrooms, they simply have to purchase a different version. I know this, because I ordered many videos for my daughter's school when I was PTA president. There is are whole catalogs available just for organizations like schools to purchase from. In fact, they can probably do it online now.

Please support all that you have written with cites to the law, LdiJ. I would also be interested in the catalog that shows "Frozen" as an acceptable purchase for classroom use.

Why wouldn't you call a school library a "public display?" What is not public about the display?

A derivative work is one based on preexisting material. As defined in 17 USC section 101, it encompasses any form in which a work may be recast, transformed or adapted. The EXCLUSIVE right to create a derivative work is held by the copyright owner. If permission has not been granted by the copyright holder, no one can create a derivative work except for personal use.

Read again the Copyright Act's section 101 (definitions) and the Copyright Act's section 103.

Thanks in advance for providing the source of your information.