[x] Checking In

Thu Mar 29 15:19:55 CDT 2018

Hi Jim,

Great question.
Miles has covered the “legalese” angle very well:)

I’ve used a lot of “found images” - in general I stay within stuff that is at least 50 years old, which doesn’t always cover copyright (thanks to that pesky Mickey Mouse) but if I found it via archive.org <http://archive.org/> for example, it usually does:)

My 2 cents would be this: 

1. Richard Prince did that piece where he used Instagram images and then sold them for a pretty penny. This is totally kosher and almost normal for his practice and all those other academic arguments . I think in general the non-art public was quite insulted and hurt. (which is a funny word to use, but people feel attached to their images, whether or not they “should”.) Also yup, maybe it was just a strategy to re-raise his profile.

2. When I used to teach, I would ask students, how would you feel if someone took your artwork and used it as you are planning to do? If the answer if “outraged” or any variation thereof, then the answer about using it clear. At least from an ethical perspective.

3. Whoops that’s 3 cents:) - anything on the internet appears in a database that is probably up for grabs. I’ve seem some of my photographs used to sell things on Craigslist. Slightly amusing, minor ruffling of feathers, and a general shrugging of my shoulders. 

Cheers,
Deanne

Deanne Achong 
GoodyBank
Digital Strategy + Design Studio
https://goodybank.com
604-708-4185

+> https://www.deanneachong.com <https://www.deanneachong.com/> - ART
++>> https://www.instagram.com/piquette/ <https://www.instagram.com/piquette/>

> On Mar 29, 2018, at 1:02 PM, Jim Andrews <jim at vispo.com> wrote:
> 
> Right. So it's OK as long as it's completely inconsequential.
> 
> ja
> 
> On 3/29/2018 12:58 PM, Miles Thorogood wrote:
>> That sounds about the gist of it.
>> 
>> On Thu, Mar 29, 2018, 12:51 PM Jim Andrews <jim at vispo.com <mailto:jim at vispo.com>> wrote:
>> Thanks, Miles. My reading of the below is that it implies 
>> http://vispo.com/aleph3/an.html?d=Adeena%20Karasick%201 <http://vispo.com/aleph3/an.html?d=Adeena%20Karasick%201>
>> is OK as long as no money is involved and it doesn't go viral. As soon as it becomes popular or somebody wants to buy a copy of Aleph Null that contains Checking In, all bets are off.
>> 
>> ja
>> 
>> On 3/29/2018 12:32 PM, Miles Thorogood wrote:
>>> Hi Jim,
>>> 
>>> I'm not a legal expert so don't consider this legal advice. At one point I was asking a similar question regarding what my students are allowed to do in terms of using digital assets in their work. The UBCO library gave us some useful resources that I will share with you here. I'll skip the content of public domain images and obtain permissions and jump straight to piece on fair dealing and the remix exceptions.
>>> 
>>> 
>>> 
>>> Fair dealing exception
>>> Fair dealing is a user right contained in the Copyright Act that allows you to copy from a copyrighted work, without the copyright owner's permission, if:
>>> 1. The copy is for the purposes of
>>> Research
>>> Private Study
>>> Education
>>> Criticism or Review
>>> Parody or Satire
>>> News reporting
>>> 2. The use is “fair”…
>>> Dealing can be considered fair based on:
>>> 
>>> 
>>> 
>>> 
>>> 
>>> Non-Commercial User-Generated Content Exception
>>> 
>>> AKA the “Mash-Up Exception”
>>> Allows individuals to use a published work to create and communicate a new work, as long as:
>>> the purpose is strictly non-commercial;
>>> you use a legal copy of the original work;
>>> you identify the author and source of the original work; and
>>> the new work does not adversely impact the copyright owner of the original.
>>> 
>>> I hope some of this is useful for your cause.
>>> 
>>> Best,
>>> Miles
>>> 
>>> 
>>> 
>>> 
>>> 
>>> On Thu, Mar 29, 2018 at 11:24 AM, Jim Andrews <jim at vispo.com <mailto:jim at vispo.com>> wrote:
>>> I'm unsure of the legality of a piece that I've created with the poet Adeena Karasick. I wonder if those in the know on legal use of images might tell me what you think.
>>> 
>>> The piece is at http://vispo.com/aleph3/an.html?d=Adeena%20Karasick%201 <http://vispo.com/aleph3/an.html?d=Adeena%20Karasick%201>
>>> 
>>> Best experienced on a desktop/laptop machine, though it runs OK on mobile devices. Click the aleph at top left to toggle display of the controls.
>>> 
>>> The text is Adeena's. She owns it for sure. No problem there. It's the text of her new book Checking In coming out soon from Talonbooks in Vancouver. And the programming is mine. The program the piece is in is one I wrote called Aleph Null 3.0.
>>> 
>>> The issue is the images in the background and the images used to fill the text.
>>> 
>>> Adeena selected 208 images from the net and from her own images for me to use in this piece. She didn't get them by license in google image search. She just picked the most relevant images for the text of the project.
>>> 
>>> She and a friend of hers think this is legal use of these images. I'm not so sure. What do you think?
>>> 
>>> I really like the piece itself. And Adeena's text is terrific. But I am quite unsure about the legalities of image use. And it isn't the 90's anymore. Things are changing. Google recently changed their image search so that you have to visit the site on which the image is located before you can save it. And of course there's the whole Facebook data issue. People are re-examining ownership of digitized/digital stuff.
>>> 
>>> ja
>>> 
>>> 
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