NCVPS Professional Learning
Welcome! Thank you for checking on the following scenario. Before we reveal our response, here is the original scenario:
A student takes a picture of the Mona Lisa and then digitally alters and adds a slogan to her creation encouraging students to support a particular candidate for the Student Government Association. Does this practice constitute a Fair Use claim? Explain your rationale.
Rationale / Response for Scenario #1
The use of the Mona Lisa is acceptable for this student in most cases (provided the picture that the student is using is not copyrighted by the photographer). For the sake of this scenario, let’s presume that no photograph has specific copyrights to the picture / image that the student used.
The Mona Lisa is actually in the public domain because da Vinci has been dead longer than 70 years.
Also, the student used the work in a way different from its original use. The student actually transformed the work and its use is permitted under “transformativeness.” If you have not yet, you will learn more about transformativeness near the end of this module. Also, be sure to check out this “Take 5” that focuses on transformativeness.