On Jul 25, 2006, at 9:42 PM, Paul Copeland wrote:
My father inlaw painted the image for the cover and back page.
It is a copy of Picasso's, 'the guitarist'. I do not know the actual name.
Is it legal to have this copy of the painting on the front cover?
In the visual arts it is very firmly established that handmade copies of a work of art constitute fair usage. The reason for this is that art students learn their craft in large part by going to museums and copying works that they see there. Photographic or other mechanical copying of an artwork, on the other hand, requires permission from the copyright owner of the original.
So your father-in-law's hand-repainting of Picasso's Guitarist is legal.
Almost all the drawings of musical instruments in my _Handbook of Instrumentation_ were hand-copied from books and advertising pamphlets by the scientific illustrator Paul Stamos. He traced them directly from the originals using a light-table, and this was perfectly legal because he made the tracings with his own hand.
Andrew Stiller
Kallisti Music Press
http://home.netcom.com/~kallisti/
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