stormdog: a woman with light skin and long brown hair that cascades over one shoulder. On her other side, she is holding a large plush shark against herself. She has pink fingernails and pink cat eye glasses (Default)
[personal profile] stormdog
While working on cleaning the bathroom and listening to some music tonight, I hit upon an idea for a photographic project that's really reached out and grabbed me tightly. It involves adding some text to a picture that I can almost see in my head already. That text, though, is from a piece of fairly modern music.

I've seen thing resembling the idea in my head in art shows at conventions. I think I've seen things ranging from original compositions by the artist to dialog from television shows or movies, to lyrics, but I can't remember for sure. I don't know what copyright issues I might have to worry about and what rules for convention art shows (or, really, any art shows) have about using snippets of copyrighted things like that.

I'm poking at information on fair use of copyrighted works, and it seems like I could probably be seen to be infringing if I were to do such a thing as I'm considering (taking about ten lines of a larger song and using it to accent a photograph). Does anyone have any experience with this sort of thing?

From what I found, fair use depends on four factors: (1) the purpose of the use, (2) the nature of the original work, (3) the amount used and its significance in relation to the original, and (4) the use’s effect on the market or value of the original.

I think that I glean from the first factor that if I produce something with commercial intent (a piece for mass sale in the form or prints) I'd be more likely to be infringing than if I produced a 'fine art' piece whose primary purpose is display (fine art, even when sold, has been judged in previous cases to be non-commercial). I can't imagine that my work would have any effect on the value of the original work either.

Just stuff I'm thinking about as I begin play with the idea of more serious photography and beginning to try to create interesting art and exhibit things that I produce.

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stormdog: a woman with light skin and long brown hair that cascades over one shoulder. On her other side, she is holding a large plush shark against herself. She has pink fingernails and pink cat eye glasses (Default)
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