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  • 1.  Using Comic Books in Art Studio Space Within Museum

    Posted 03-15-2023 01:16 PM

    Hi everyone,

    I work on developing art programs for an open studio space in the Adler Planetarium, and I'm writing to see if anyone has resources or experience using external artwork in activities. In this particular case, we're running a collaging activity, and I'd love to be able to use portions of current science fiction comics in our available materials. 

    Where I'm running into problems is trying to understand what's available and legal for me to use. Visitors pay to get into the museum, but our art studio doesn't require an extra ticket.

    I've been digging into copyright and fair use law, but I don't have a whole lot of experience in this realm, so any advice would be much appreciated!

    Thanks,

    Hannah



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    Hannah Radeke (they/them)
    Senior Coordinator of Education
    Adler Planetarium
    Chicago IL
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  • 2.  RE: Using Comic Books in Art Studio Space Within Museum

    Posted 03-16-2023 08:09 AM
    Edited by Marc Levitt 03-16-2023 09:11 AM

    Hi Hannah,

    I'm not a copyright lawyer, but have had to delve into these issues myself over the years. With that caveat, I'd say you're well covered by fair use:

    1. You're not reselling the comics, you're supplying them (already bought) as part of an educational program. And patrons bought a ticket to the museum, not your program (non-commercial in nature)
    2. You're substantially transforming them from their original form (comic book to cut up collage--Transformative Use)
    3. Use of the comics in this way will not harm the market for comic books (I'd argue it highlights their use in educational and cultural endeavors, but again, I'm not a lawyer).

    Good luck!

    Marc



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    Marc Levitt MLS
    Senior Archives Officer
    IMF

    Washington, DC
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  • 3.  RE: Using Comic Books in Art Studio Space Within Museum

    Posted 03-17-2023 09:31 AM

    I agree with Marc's comments - This is not unlike use of modern magazines being used for the same sort of projects. I have seen that done in a variety of museums with no concerns.



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    David Kennedy
    Curator of Collections and Exhibits
    US Marshals Museum
    Fort Smith, AR
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    Original Message


  • 4.  RE: Using Comic Books in Art Studio Space Within Museum

    Posted 03-17-2023 11:53 AM

    Just to be clear, reselling comic books that you have previously purchased is perfectly legal and not a violation of copyright, and you can profit from it. The resale of comic books is an industry. Marc is dead right that Item 1 is the first consideration in the basic three considerations for Fair Use, but the specific case of reselling books is perfectly legal. It's the content that is protected, not the physical object. Trade it, sell it, burn it, cut it up, turn it into art (if"transformative," see item 2), all good. 



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    Tod Hopkins
    Hoptod LLC
    443-472-5978
    todhopkins@me.com
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    Original Message


  • 5.  RE: Using Comic Books in Art Studio Space Within Museum

    Posted 03-26-2023 02:50 PM

    Thanks everyone for all of your responses! This has been super helpful.



    ------------------------------
    Hannah Radeke
    Senior Coordinator of Education
    Adler Planetarium
    Chicago IL
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    Original Message


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