I've never been accused of lacking in opinions...especially free ones...

1. If the copies are strictly for my personal use - for example, they clarify a manufacturing step I didn't understand -  that's fair use. But I'll write both sources on the margin of tne copy so if I need more info later I know where to get it. 

2. If the copies are for commercial use - something that's intended to make me money, even if only by pulling  in customers with my polished reputation - go back to CWHOF, pay for copies, pay any associated fees, get a release. If it's for a book or article, also refer to Dr Smith's work for those wanting further info. 

3. If the copies are for scholarly use - to include a paper at a professional conference  - it depends on the quality desired. For decent copy quality go back to CWHOF - pay a fee, get a release. Cite CWHOF and reference Smith for those wanting more info. If copy quality isn't an issue (ever see any of these?), make a good faith effort to contact Smith for approval, then slap the book on your scanner. Cite CWHOF, as illustrated in Smith.

4. For publications, commercial or professional, books, magazines, or journals, the realistic answer is that the editor or his legal staff will probably tell you in no uncertain terms what to do - probably something involving written releases from everybody who was POSSIBLY involved with the originals. 

Robert



----- Original Message -----
From: Carl Steen [mailto:[log in to unmask]]
Sent: 4/1/2006 11:34:04 AM
To: [log in to unmask]
Subject: Fair Use of Copyrighted Material

> Let's say Dr Smith published the best work on carriage wheel making ever.  He 
> travelled to the Carriage Wheel Hall of Fame and copied dozens of historic  
> photos of wheel making from their archives. He then used them in his book  "All 
> You Ever Wanted to Know About Carriage Wheels but Never Thought to  Ask.". 
>  
> In a project of a colleague's a wheel maker was present, so he thought it  
> would be nice to have a couple of historic photos of the process. They scanned a 
>  couple of Smith's images - but not all -  giving him full credit and  
> citation. This is not a book for sale, it is not focused on wheel making, and  would 
> encourage people interested in wheel making to seek out a copy of his  book, 
> so it wouldn't take his market away.
>  
> Is it necessary to get permission from Smith to use the photos? Should  
> permission come from the CWHOF? Or is this fair use? Where is the line in such a  
> case? 
>  
> opinions welcome...
>  
> Carl Steen
>  
>  _http://www.copyright.gov/fls/fl102.html_ 
> (http://www.copyright.gov/fls/fl102.html)