New Jersey  |  Entertainment Law

Legal Question

Asked on: 4/22/09, 9:57 am

Art fraud

Is it legal for a not-for-profit organization to reproduce (make a print) of an artist's work for display? No money will be made from this. It is only to expose young children to the artist for discussion in classrooms. The prints would be framed and hung in elementary schools.

1 Answer

Answered on: 4/22/09, 2:44 pm by Ken Feldman

Re: Art fraud

I am uncertian whether this could be deemed fair use or not. Obviously the laudable purpose, and the lack of profit are good evidence of fair use.

However, the artist can ask where the print will go later, and why you can't simply point to his work in a book for which she got royalty. The artist may argue the school market is her prime market.

I would like to know more about the artist, and the use proposed.

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