Hi Nicole

My gut screams “Tell them to talk to the lawyers!”

At the very least, they need to track down the artist and ask for permission. It also depends on what the publisher’s contract stipulated is fair use.

For what it’s worth

Eva Marie

Eva Marie Clarke

Communications Officer

edmonton arts council

p: 780.424.2787 ext 235

edmontonarts.ca

From: <public_art_network@americansforthearts.simplelists.com> on behalf of Nicole DeWald <ndewald@greenbeltmd.gov>
Reply-To: "public_art_network@americansforthearts.simplelists.com" <public_art_network@americansforthearts.simplelists.com>
Date: Wednesday, June 6, 2018 at 2:06 PM
To: "public_art_network@americansforthearts.simplelists.com" <public_art_network@americansforthearts.simplelists.com>
Subject: "fair use" in mural design

Hello, colleagues. A local charter school -- not administered by the city -- has expressed interest in having a mural painted on the exterior of their building. Their initial design concept is to scale up an illustration from an existing, copyrighted children’s book. I’d like to determine whether not this would likely constitute legal fair use, on the grounds of it being partial (a complete illustration, but only part of the book) and arguably educational. I suggested that their artist might want to approach the Maryland Volunteer Lawyers for the Arts for guidance, and I’d welcome input from the list as well.

Thanks.

Nicole DeWald, Arts Supervisor

City of Greenbelt, Maryland

ndewald@greenbeltmd.gov

240-542-2057. greenbeltmd.gov/arts

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