Open Forum

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

------------------------------
Hannah Radeke (they/them)
Senior Coordinator of Education
Adler Planetarium
Chicago IL
------------------------------

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

------------------------------
Marc Levitt MLS
Senior Archives Officer
IMF

Washington, DC

Original Message:
Sent: 03-15-2023 01:15 PM
From: Hannah Radeke
Subject: Using Comic Books in Art Studio Space Within Museum

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

------------------------------
Hannah Radeke (they/them)
Senior Coordinator of Education
Adler Planetarium
Chicago IL
------------------------------

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

------------------------------
Marc Levitt MLS
Senior Archives Officer
IMF

Washington, DC

Original Message:
Sent: 03-15-2023 01:15 PM
From: Hannah Radeke
Subject: Using Comic Books in Art Studio Space Within Museum

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

------------------------------
Hannah Radeke (they/them)
Senior Coordinator of Education
Adler Planetarium
Chicago IL
------------------------------

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. 

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

------------------------------
Marc Levitt MLS
Senior Archives Officer
IMF

Washington, DC

Original Message:
Sent: 03-15-2023 01:15 PM
From: Hannah Radeke
Subject: Using Comic Books in Art Studio Space Within Museum

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

------------------------------
Hannah Radeke (they/them)
Senior Coordinator of Education
Adler Planetarium
Chicago IL
------------------------------