fair-use
Re-using a small part of an artwork in a logo design
<p>The artwork <a href="http://www.henri-matisse.net/paintings/ex.html" rel="nofollow noreferrer">La Gerbe</a> by Matisse was created in 1953. It consists of about 30 fern-like shapes on a white background. I am making a logo for a non-commercial academic website and it was suggested to me to use one of those shapes, albeit recoloured to match the website's theme. (There are intellectual reasons, and a kind of mathematical and visual pun why this particular image was suggested...)</p>

<p>I am aware that the EU copyright in this work expires in about five years, as Matisse died in 1954, and US copyright would extend five years beyond that.</p>

<p>I'm hesitant because while some fair use principles seem to apply (no effect on the Matisse estate's earning power; only ~3% of the artwork, and not representative of the whole; non-profit usage in an academic setting; original is a painting but new work is a logo for a wiki website), I don't quite feel 100% comfortable. On GraphicDesign.SE, where I first asked this, one user commented this was a clear case where it would be a copyright violation.</p>

<p>Any advice or resources that would help make a more solid case either way? (I respect the above-mentioned GD.SE user's experience and advice, but it is the say-so of one person on the internet) I've had a quick look around, but I cannot find any discussion about similar situations.</p>

<p>The problem is that decisions on what constitute fair use are highly fact-driven judgement calls. Such decisions cannot be automated, at least not in the present state of AI, nor can a checklist approach give a reliable answer. It is hard to see how any "resource" could be helpful, beyond a list of example cases to compare the facts of a new case against.</p>

<p>From the description, there is a plausible case for fair use under US law, but the only way to be sure would be a court decision, sure to be a lot of trouble at best.</p>

<p>Of course, one could always ask the estate for permission. Given the factors cited it might be granted.</p>

<p>By the way, in the US, the painting will be in copyright for 95 years after publication, so at least until 2047. the life+70 term does not apply to works created before 1977. See <a href="https://copyright.cornell.edu/publicdomain" rel="nofollow noreferrer">this chart</a></p>
