BluesRock
Inspired
Another comparison is how rights are addressed in the visual arts world. Artists and their estates retain rights with regard to reproduction of the original work of art. For example, if a museum purchases a painting and an image of that work is featured in a textbook, then the publisher must obtain limited rights to use the reproduction. Organizations such as VAGA collect fees on behalf of artists.
The use of an image and licensing gets murky however. The museum can reproduce a painting in its collection for educational purposes (e.g., gallery guides) without permission. On the other hand, the textbook example above is considered a commercial venture and permission is required. The law is evolving as to how “educational purpose” is defined.
To further complicate matters, a painter can “reproduce” an original artwork by another artist as closely as they desire as long as they claim it’s an interpretative work – art about art. That painter can also sell and exhibit the work in a for-profit-business without penalty. In this case, it seems artistic license trumps the copyright.
A dilemma for visual artists is that monetary value is directly associated with how much their work is acknowledged, usually in the form of reproduction. That is how they gain fame and stay relevant. Ironically, textbooks and commercial art publications play a key role.
There are many parallels between the art and music world.
The use of an image and licensing gets murky however. The museum can reproduce a painting in its collection for educational purposes (e.g., gallery guides) without permission. On the other hand, the textbook example above is considered a commercial venture and permission is required. The law is evolving as to how “educational purpose” is defined.
To further complicate matters, a painter can “reproduce” an original artwork by another artist as closely as they desire as long as they claim it’s an interpretative work – art about art. That painter can also sell and exhibit the work in a for-profit-business without penalty. In this case, it seems artistic license trumps the copyright.
A dilemma for visual artists is that monetary value is directly associated with how much their work is acknowledged, usually in the form of reproduction. That is how they gain fame and stay relevant. Ironically, textbooks and commercial art publications play a key role.
There are many parallels between the art and music world.
) first & think later 
