Board index Photography Artistic Questions Copyright? Photographs of existing art

Artistic Questions

Copyright? Photographs of existing art

Discuss style and artistic aspects of photography
wwestcott
 
Posts: 57

Copyright? Photographs of existing art

Post Tue Jul 10, 2012 2:17 pm


I've been trying to find out about copyright restrictions of photographs of existing art pieces, i.e., can a photographer copyright and sell photos that include paintings or sculptures that are on public display? I have not been able to find a definitive answer on the web.

expressionunlimited
 
Posts: 8

Re: Copyright? Photographs of existing art

Post Sat Jul 14, 2012 8:24 am


I've shot quite a few in the back ground and Art galleries have given me the OK, even asked me to include painting etc! Whether any individual Artist(s) might later take exception to it - no way of being sure. Many will and do insist either that you do NOT photograph or that you give theme a heartly CREDIT. Since you are asking about Art on public display, and you can't be expected to ask for a property release or anything / and you can assume that (where photography is allowed) it has likely been snapped before...
I would shoot, give it a CREDIT and then it's a Win -Win.

dougj
 
Posts: 2276

Re: Copyright? Photographs of existing art

Post Sat Jul 14, 2012 2:11 pm


Reproducing or creating derivatives of a copyright-protected work is the exclusive right of the copyright owner, this includes photos in which the work is the primary subject. Fair Use permits some reproduction for teaching, reportage and research purposes. The copyright owner may or may not pursue their rights; there are examples of both. The Eiffel Tower evening lighting is often cited as an example of the copyright owner strictly enforcing their rights.

A few references that may be of interest:
http://www.wipo.int/sme/en/documents/ip_photography.htm
http://www.danheller.com/model-release- ... hts.html#4
http://www.photoattorney.com/2008/05/fu ... r-use.html

When in doubt, contact an attorney that practices IP law. A general purpose photography forum is not the best source for definitive legal advice.


Board index Photography Artistic Questions Copyright? Photographs of existing art

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