Mark Twain channeled the frustration of many artists when he wrote, “Only one thing is impossible for God: To find any sense in any copyright law on the planet.” One such frustration is the realm of derivative works. Artists understand that all art is ultimately derivative. For example, Ernest Hemingway wrote, “All modern American literature comes from one book by Mark Twain called Huckleberry Finn.”

But copyright law takes a narrower view, defining “derivative work” as “a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.” 17 U.S.C. § 101.

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Charles ("Teenie") Harris was a photographer in mid- 20th Century Pittsburgh, who chronicled life, big and small. His work was exceptional. Carnegie Museum owns the rights to all of Mr. Harris’ works. You can see their extraordinary collection here. We post a photo from the collection of Charles Harris here on our art law blog every Friday. We provide these with the permission of Carnegie Museum of Art, Pittsburgh. Let us know what you think.

A portrait of jazz singer/actress Lena Horne seated in an armchair, and surrounded by roses. Possibly taken in one of the back room of the Stanley Theatre.


Lena Horne at the Stanley Theatre, c. 1944

Charles ("Teenie") Harris was a photographer in mid- 20th Century Pittsburgh, who chronicled life, big and small. His work was exceptional. Carnegie Museum owns the rights to all of Mr. Harris’ works. You can see their extraordinary collection here. For as long as we can, we will provide a Friday photo from the collection of Charles Harris here on our art law blog. We provide these with the permission of Carnegie Museum of Art, Pittsburgh. Let us know what you think.

@2006 Carnegie Museum of Art, Pittsburgh. Woman powdering her face before a mirror.

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By John Paul Benitez & Coco Soodek, Attorneys at Law

Several months ago, the American Watercolor Society awarded its 2008 Gold Medal to Sheryl Luxenburg for the work Impermanence (pictured above), a hyper-realistic painting of an old man juxtaposed with a rotting piece of fence. Luxenburg’s prize-winning work consisted of emulations of two stock photographs. Employing a pointillist’s technique, Ms. Luxenburg blew up the two stock images and used the enlarged pixilations to guide her brush.

A series of spontaneous, vigorous debates erupted on the Web about Luxenburg’s conduct and entitlement to the prize. Many people assumed that Impermanence infringed on the copyrights of the stock photographers and, therefore, should be disqualified.

These assumptions about infringement and about ways to avoid it underscore a persistent and confusing question for the pop or mixed-media artist: When do you cross the line into copyright infringement?

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By John Paul Benitez, Attorney at Law

The San Fransico Gate has some reservations anointing as "art" scientific imagery created for the lab, not the studio. Displayed in "Brought to Light: Photography and the Invisible, 1840-1900" at the San Francisco Museum of Modern Art, photographs created using x-rays and advances in photo chemistry are serving double duty as lessons in art (not scientific) history. VARA which apply to photographs (as "works of visual art") be of any use – since the images were not "created for exhibition purposes only."

Does copyright law think any different?

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By John Paul Benitez, Attorney at Law

She can’t vote, can’t drive and can’t drink. But she can work a slow shutter like a pro.

The Seattle Post-Intelligencer reports on an exploding star in Chrissie White – 15 year-old photographer who has developed world-wide acclaim for her Flickr photostream. Right now she commands $40 for an 8 X 8 inch print (hey, when you’re a suburban Seattle teenager, that’ll buy quite a few lattes).

Don’t count on booking her at a discount just yet though. As a minor, common law in most states would allow her to rescind any contract she enters into now before turning eighteen (or at least a reasonable amount of time afterwards). You might wait before getting an exclusive merchandise or content licensing deal with Miss White for a few more years.