January 24, 2006
Curious George: Poe, Wilde, Fair Use
A couple of questions for legal/publishing savvy/artistic monkeys:
I want to use an image of a famous painting to go along with an article I wrote to be published in a print magazine with a small but respectable circulation. The painting is by Manet, "The Absinthe Drinker," and I'm wondering if I have to worry about copyright, fair use, and all that with such a classic well-known image.
And, but, also, does anyone know where I can find a couple of high-res, fair-use images of portraits of Oscar Wilde and Edgar Allen Poe? For the same article.
Please hope me, monkeys.
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You might find something via this thread.
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last I knew about this (admittedly several years ago), unless the work is in the public doman, you have to consult the rights owner. In the case of this painting, it's probably that the rights holder is the museum. Edouard Manet. The Absinthe Drinker. 1858-1859. Oil on canvas. Ny Carlsberg-Glyptotek, Copenhagen, Denmark. not free but very reasonable: for Oscar Wilde for EAP
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probably = probable and if getting the rights to the Manet is too tough, there are a couple of decent ones here.
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Are you talking about using someone else's photograph (which would be their copyright)? Or a photo you took yourself?
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if it's from 1859, it should be in the public domain. the only rights-holding loophole I can think of is that the photograph of the painting that you want to use is probably not in the PD, so they could hold you over the barrel to either license their photo or arrange for you to take one of your own.
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Well, since I can't make it to the Ny Carlsberg-Glyptotek, it'd be someone else's scan.
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Also: Wikipedia on photos of visual art. And A blog on the subject.
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Woot! That answers my question about Manet. Now, about those hi-res Wildes and Poes...
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The Absinthe Drinker has always been one of my faves. I always though he looked a bit like Lon Chaney.
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is 300 dpi hi res enough?
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patita--higher res than I've been able to find so far. You know where some are?
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besides the ones at clipart.com that I linked to above (you need to buy a membership, but a week only costs $16 and you can get all the images you need then), there are these: Wilde, Wilde again. You could inquire about the rights to this Poe, and this one. Some folks don't use the "all rights reserved" setting on flickr with care.
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Thanks, patita...according to the flickr notes on the famous Poe daguerreotype (your second link), it came from the Library of Congress, which had a VERY high res of it available for download online. It has a "copyright 1904" notice on it, but according to previous research and the LOC's own rights and restrictions page, I'm thinking I"m in the clear to use it. Now, if I could just find something similar for Wilde. (The pics of the statues, while nice, probably constitute "artistic photography" since they have different angles, lighting, and are not indistinguishable from the work itself, see Wiki.) Does Britain have anything similar to the Library of Congress collections? Maybe British Museum Online, or sommat?
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Woot! Again! All kinds of mid- to high-res stuff here. I think I'm set. Thank you monkeys!
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Here's a fairly hi-res portrait of Wilde by Toulouse-Lautrec at the Athenaeum via