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ART LIBRARIES J O U R N A L 2000 25/2 The copyright book: a practical guide, by William S. Strong. 5th ed. Cambridge: MIT Press, 1999. 376 p. ISBN 0-262-19419-8. $34.95. Exploiting images and image collections in the new media: gold mine or legal minefield?, edited by Barbara Hoffman. London, B o s t o n : Kluwer Law International, 1999. 397 p. ISBN 90-411-9721-4. $135.00 pa. Copyright and photographs: an international survey, edited by Ysolde Gendreau, Axel N o r d e m a n n and Rainer Oesch. London, Boston: Kluwer Law International, 1999. 334 p. ISBN 90411-9722-2. $135.00. Kathe Hicks Albrecht Visual Resources Curator Art Department American University Washington, D C 20016 USA Who was who in American art 1564-197'5: 400 years of artists in America. Madison, CT: Sound V i e w Press, 1999. 3 vols. ISBN 0-932087-55-8. $299.00. Christine Hennessey Research Databases Administrator Smithsonian American Art Museum 8th & G Streets, N W Washington, D C 20560-0230 USA Planning academic and research library buildings. 3rd e d . , edited by Philip D. Leighton and David C. Weber. Chicago: American Library Association, 1999. 928p. ISBN 0-83890747-4. $155.00. Sheila M. Klos Head Librarian Dumbarton Oaks Research Library 1703 32nd Street, N W Washington, D C 20007 USA 46 The copyright book: a practical guide, by William S. Strong. 5th ed. Cambridge: MIT Press, 1999. 376p. ISBN 0-262-19419-8. $34.95. Exploiting images and image collections in the new media: gold mine or legal minefield?, edited by Barbara Hoffman. London, Boston: Kluwer Law International, 1999. 397p. ISBN 90-411-9721-4. $135.00 pa. Copyright and photographs: an international survey, edited by Ysolde Gendreau, Axel N o r d e m a n n and Rainer Oesch. London, Boston: Kluwer Law International, 1999. 334p. ISBN 90-411-9722-2. $135.00. These recently published books on copyright law are excellent resources for the art librarian and visual resources professional. The books offer current and emerging perspectives on intellectual property and its use and; distribution in the digital age. And although there are overlaps of information in the volumes — for example in the descriptions of recent U.S. copyright legislation and the Conference on Fair Use (CONFU) - each offers its own unique emphasis and particular focus. Because of their unique approaches, each volume contributes to the ongoing copyright dialogue in a significant manner and art librarians may wish to consider adding all three to their reference collections on the subject. The books focus on U.S. legislation, international approaches to copyright law, and the unique copyright problems surrounding photography. William S. Strong's Copyright book, the fifth edition of a volume first published in 1981, concentrates on U.S. law. In fact, the author includes just a small section on international approaches to copyright, a section that focuses on the Berne Convention and the Universal Copyright Convention (UCC). Both the Hoffman and Gendreau publications have an international focus and offer information on copyright as interpreted by legal scholars from many different countries. Such an examination of the copyright law of different countries is worthy of the art librarian's attention because of the increased globalization of networked ART LIBRARIES J O U R N A L 2000 25/2 information and the booming e-commerce industry. It must also be noted, however, that both Hoffman's and Gendreau's books are clearly written for those in the legal profession, while Strong's book is geared to a lay audience with an interest in the subject of copyright. The copyright book is an outstanding source of basic information on U.S. copyright law. It provides the reader with facts and insights that answer questions that frequently arise as we grapple with the use and distribution of copyrighted information. Indeed, it is a veritable font of pertinent information on issues of intellectual property, fair use, copyright legislation, and other elements of copyright as it is understood today. The book begins with a series of detailed definitions of terms. What is copyright law and how does it differ from patent and trade law? How can one define ownership, especially in unusual circumstances such as joint ownership, authorship of compilations, or U.S. government work? What is 'property' and how do its various manifestations affect legal implications for the end user? What is a database and how does it fit into the copyright formula? When is a piece of intellectual property considered a work-for-hire and how does that affect its copyright status as understood by the legal community? How does one separate out and understand the bundle of rights that may reside within one object? What are the acceptable conditions for the transfer of rights and what are the implications downstream? All of these very real and complex factors are examined in a manner that an educated layperson can clearly understand. To help illustrate the complexities of each of the terms examined, the author cites specific examples of case law and actual circumstances. The author then walks the reader through aspects of copyright regulations. He explains how to register a copyright, what the regulations are for display of copyright notice, what would constitute a likely infringement, the circumstances in which fair use can be claimed, and what the tax implications are for the treatment of copyright. In this section of the book, the author provides a balanced and reasonable approach to the issues at hand. He has a clear appreciation of the need to balance the rights of the copyright owner with the needs of the public to enjoy broad and open access to information. Strong concludes with a section on international copyright protections and a brief comment on copyright in the information age. In outlining the Berne Convention and the U C C , he describes the history of the relationship between the U.S. and those international entities. The tension between national law and international conventions is tricky and often involves the legal concept of'conflicts of laws'. In the author's opinion, this 'conflict' can only become more complicated as the Internet facilitates cross-border flow and multi-national collaborations. New international standards have been enacted under the Berne Convention to accommodate new technology and Strong concludes his book with the comment that enhanced standards and wider membership in international conventions will prove to be more and more desirable in the information age and that international copyright conventions will prove to be 'not merely fair-minded but foresighted as well'(p.298). Although much of The copyright book is not specifically about digital information, the book definitely provides the reader with a very complete understanding of the underpinnings of copyright law as it stands today. A careful reading of this volume gives the art librarian a firm basis upon which to make decisions about use and distribution of copyrighted information in the digital age. In addition, both the supporting materials provided in the appendices and the index are excellent features of the publication. From tax forms to copyright fees, from a digest of the C O N F U guidelines to copyright notice regulations, the appendices provide the reader with a wealth of information. The index is fairly comprehensive and allows the librarian to refer quickly to information on specific aspects of copyright; it can be an important reference tool for the educated art librarian. Exploiting images and image collections in the new media had its beginnings in a series of papers presented at the International Bar Association conference in 1997 in New Delhi, India. The subject under consideration was the exploitation of digitized information from museums, photo and film archives, and other collections for research, educational, commercial, and 47 ART LIBRARIES J O U R N A L 2000 25/2 artistic uses. The resulting book, a compilation of related papers, addresses the legal concerns in this exploitation process. The papers are international in scope and represent views on copyright law as practiced in Argentina, India, Malaysia, Japan, Great Britain, France and the U.S. Together the papers form a fascinating comparison of diverse approaches to copyright law. In bringing together legal scholars to document and describe each country's regulations, Hoffman acknowledges the global digital dilemma: the fact that these systems must 'be made to cooperate whenever an image, book or database is uploaded from one country and downloaded, distributed and copied in another' (p. xvii). The paper contributed by Barbara Hoffman herself is of particular interest. As a U.S. attorney, she has had over 20 years experience representing visual artists, art collectors, museums, writers and producers in both litigation and counseling. Her paper is an extremely informative treatise on U.S. intellectual property issues. She begins with a basic overview of copyright legislation and includes detailed descriptions of the Sonny Bono Act, the Digital Millennium Copyright Act, and the background and history of the World Intellectual Property Organization (WIPO) treaties. She then examines current litigation such as the Bridgeman vs. Corel case and the Ringgold vs. Black Entertainment Television case. Her analysis of each court case includes an examination of the judge's ruling and how it sets legal precedent. The author also analyzes the concepts of first sale, fair use, and public domain, and concludes her paper with a section on drafting intellectual property licenses. Of special interest to the visual resources librarian is the section entitled 'Special Copyright Concerns in Creating Digital Copyright Image Archives'. Much of the information in the book may be too steeped in legal terminology for extraction to a level of information suitable for the art librarian. Instead, the educated lay audience may best use the book as a reference for information on specific copyright issues such as database or public domain. The index is organized in such a way that it handily guides the reader to specific topics as analyzed by authors from each country. For example, one can look up the term 'moral rights' in the index for the purpose of learning more about a concept that is not considered a big legal issue in the United States, but is an important aspect of copyright in many other countries. Moral rights is a term that appears frequently in many international copyright debates, projects, and treaties, and it should be understood even if it is not often referred to in U.S. laws and the court system. In the book one learns how the concept of moral rights is dealt with in many countries and by examining other nations' policies, one gains a broader understanding of a principle that may inform our own approaches as we move to information globalization. On copyright and photographs also has an international focus, but it deals only with photographic images — those original works on film that have historically warranted special copyright treatment. The book includes discussion about the copyright policies and regulations concerning photographic images in many different countries, including Austria, Belgium, Canada, France, Germany, Italy, Japan, the Netherlands, the Nordic countries, Switzerland, the United Kingdom and the United States. Representative papers describe regulations on protection of photographs, the history of copyright law, and the relationship between each country's legal approach and the international conventions. Because of the book's focus on photography, it may be less generally useful than the other two books being reviewed here. However, for those who work with original photography or have a particular interest in the manner in which various countries approach the complexities of rights and distribution of such, this is an informative volume. In addition, the section entitled 'International Conventions' is certainly quite worthwhile for a broader audience. This section describes in great detail the Berne Convention and its development, with a focus on the protection of photographs under the original Convention of 1886 and each subsequent amendment up to the present. The International Conventions section also includes information on the W I P O Copyright Treaty, the U C C , and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. ART LIBRARIES J O U R N A L 2000 25/2 Footnotes with further resource options are extensive in this section and those interested in a detailed understanding of international developments related to photography may wish to peruse this section carefully. Each of the three books reviewed here offers the art librarian unique perspectives on the complex and often confusing world of copyright. As such, they should be considered for inclusion in any expanding reference collection of current expert views on the subject. However, the librarian in search of a broad, comprehensive, and extremely clear description of all of the relevant aspects of U.S. copyright law is recommended to start with a reading of William Strong's book, clearly an industry standard and now in its 5th edition. The other two publications, more focused on specific issues of photography (Gendreau) and the global community (Hoffmann), are written for a specialized legal audience. For the art librarian, these two volumes will be useful as handy references on some of the trickier details of copyright and as insightful descriptions of the emerging implications of the globalization of our information infrastructure. Taken together, all three books inform the art librarian of relevant copyright issues that will certainly impact on our lives in the new century. Kathe Hicks Albrecht Visual Resources Curator Art Department American University Washington, D C 20016 USA I Who was who in American art 15641975: 400 years of artists in America. Madison, CT: Sound View Press, 1999. 3 vols. ISBN 0-932087-55-8. $299.00. It has been nearly 15 years since the last compilation of Who was who in American art was issued and the field of American art history has grown considerably since then, with a host of new exhibitions and publications, regional and cultural studies. Indeed, interest in American art is at an all time high, as evidenced by record auction sale prices ($27.5 million for George Bellow's Polo Crowd) and the popularity of television shows such as 'Antiques Roadshow'. Everyone, it seems, is cleaning out their attics in this year of the new millennium, discovering their past as they look to the future. Given this interest, the new revised and enlarged edition of Who was who in American art is both a timely and a useful publication. Readers familiar with the earlier 1985 publication will immediately notice the greatly expanded scope and size of the new edition of Who was who in American art. In comparison to its single volume predecessor, which included 25,000 artists active from 1898 to 1947, the new publication is a hefty three-volume set, some 3,750 pages. The new edition references artists active in America over a 400-year time frame — beginning with 1564 and the arrival of French artist Jacques Le Moyne and continuing through the third quarter of the 20th century, to include artists Jim Dine, Claes Oldenburg, Donald Judd, and others, still living, who had made their mark in American art by 1975. N o other dictionary of American artists attempts to cover such a broad time span or the full range of fine arts occupations. More than 65,000 artists of national and regional stature are referenced, including painters, sculptors, engravers, printmakers, photographers, illustrators, designers, craftspersons, and graphic artists. Even some non-artists, among them teachers, historians, museum directors, dealers, and critics, are included if they made a significant contribution to the literature or promotion of American art. Samuel Putnam Avery, Lloyd Goodrich, and Clement Greenberg, for example, have entries in the dictionary. In format, the dictionary has changed little from the earlier edition. Basic biographical data is given. Entries are arranged alphabetically by surname and include the artist's primary occupations (i.e. painter, sculptor, lithographer, etc.); years and places of birth, death and activity; schooling and professional affiliations; exhibitions and awards; and major public holdings of the artist's works. Many of the entries include a comments section with highlights of the artist's career and contributions to the field. Each entry ends with source citations to the references consulted in compiling that entry. N e w to this edition is the inclusion of selected signature facsimiles for some of the 49