Sampling of Images

[moon]

California.

Could anyone provide me with information or links to information regarding legalities of use / sampling of popular images?

I have read that sampling of popular music for reuse is very strict and that the use of images for purposes of art is less so?

By way of an example, I believe that Warhol used popular celebrity images, for instance Marilyn Manroe, and simply varied the color pallet for his art work with no legal problems whatsoever. I do collages that include snippets of popular images. What legal issues should I be concerned about?What is the name of your state? What are the parameters / guidelinde for such usage? What can I do to insure that I am protected?

 

[The Occultist]

Unless what you're doing falls under Fair Use (I don't know enough to determine that but I'm guessing it doesn't; you can look it up), then you may not use anybody's work, in whole or in part, without permission from the copyright holder.

 

[shortbus]

Your collages may be fair use; they may not. Unfortunately there are no bright-line rules. However, if your collages are fine art intended as comment, criticism, or parody of the underlying images, they're more likely to be fair use. If they're commercial illustrations, they're less likely to be fair use.

 

[moon]

Fair Use Guidelines

Thank you for the great advice on Fair Use. I found a few sites with some information including a recent case that ruled in favor of artist Jeff Koons at http://blogs.fairusenetwork.org/

Does anybody know any safe parameters to work from? For example when sampling music, I think that it is something like 2 bars of music. With images is there a percentage allowable?

 

[The Occultist]

I'm afraid there just aren't any such guidelines like what you are looking for. The only way to find out that what you're doing is wrong is to lose a lawsuit over it.