Take a look at the following pages:
Spot the obvious issues and post a blog comment (on this particular post) articulating the issues, any possible infringement factors, and any possible defenses. You don’t need to write a full on paper on this. I am looking for no more than 750 words, and you can probably get it done in less than that.
My Response:
Disclaimer: Never took copyrights…That being said the works of “art” by the children are a fixed tangible medium, and able to be perceived by others(most likely their doting parents), and is original. The work is copyrightable under these guidelines so I would next look at whether there is fair use of these works. 1) The use does not appear to be commercial because the website lacks ads and is opinion/informational in nature. 2) the nature of the work is original art. 3) The whole of the work was used. 4) the use on the site of the works has no effect on their value, nor does it damage the potential marketability of the work in the future. Under the fair use factors the use of the work would be fair. If I was attorney for Maddox I would assert a defense that the purpose of the use of the work is for criticism and commentary on the art.
Shana Carson
