I think this thread is very useful and gives everyone things to think about.

My original response was provoked by the person writing thinking they should 
get permission BEFORE having a contract with a press.  My advice was “don’t 
ask” before hand.  When you are going to publication your publisher can 
probably help you out, and as Adam points out, Fair Use operates in the US 
context, but not everywhere else.

There is a rights issue for deceased artists.  In some cases the rights pass to 
a trust or to an heir who see their ownership as a cash cow, or who may be 
totally indifferent to the artist’s retrospective reputation, etc.  Or who may 
feel a need to control reputation, or deny aspects of the deceased’s bio (esp. 
around sexuality in the past, etc.).

Chuck



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