Hi Rachel
(Important note: my comments here do not in any way constitute legal
advice and represent my own opinion rather than that of TASI)
I see that the Artchive site is happy for its users to "use up to
five or six images from the site for any personal non-profit,
educational purpose"
<http://www.artchive.com/artchive/image_use.html>, so I don't think
you'd get any complaints from the site owner. However there is the
proviso that a credit/link is made to Artchive.
There is of course the issue of where the image was scanned from -
probably from a printed source, although no source or credit is given
by Artchive. Although Leonardo's original image is certainly now
within the public domain, it seems _likely_ that the person who
photographed the painting will enjoy some copyright in their photo.
However, while the use you describe _may_ constitute an infringement,
there is probably a _minimal_ risk of anyone taking action against
you in this instance. It's up to you to decide how much risk you're
willing to take!
There _may_ be a possible 'fair dealing' defence (non-commercial
research or private study, examination) although I don't think these
would permit public display - others may have a different opinion on
this.
The situation would obviously be different if the original work was
also still in copyright. In that case not only would the reproduction
of the image be likely to infringe copyright, but its manipulation
(i.e. insertion of other faces) would probably also infringe the
artist's moral rights in the image.
I hope these comments are helpful. Definitive answers are difficult
in this area, and I'd be interested in others' perspectives.
Grant
--On 09 June 2006 10:15 +0100 R Campbell <[log in to unmask]> wrote:
> Hello everyone,
>
> I hope somebody can give me a definitive answer to this. A group of
> graphics students have downloaded an image from Google of Da
> Vinci's Last Supper (from www.artchive.com, or so their tutor
> claims) and want to put an amended version (i.e. different faces
> and items on the table) in the preview of their final show, which
> is today.
>
> I've emailed the owner of the artchive site, but doubt I'll have a
> response from them in time.
>
> Is it possible for them to do this?
>
> Many thanks.
>
> Regards
> Rachel
>
> Rachel Campbell
> Faculty Librarian - Design
>
> For up to date information on forthcoming workshops and free visits
> please see the online ARLIS/UK & Ireland Events Calendar 2006 at
> http://www.arlis.org.uk/even/
--------------------------------------------
Grant Young, TASI Technical Research Officer
[log in to unmask]
http://www.ilrt.bris.ac.uk/aboutus/staff?search=cmgay
TASI - Technical Advisory Service for Images
Free help, advice and guidance for the
Further and Higher Education sector
http://www.tasi.ac.uk/
A JISC Service
--------------------------------------------
For up to date information on forthcoming workshops and free visits
please see the online ARLIS/UK & Ireland Events Calendar 2006 at
http://www.arlis.org.uk/even/
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