Re: [Leica] Copyright questions

["Harold Gess" <Harold.Gess@btinternet.com>]

Hi

I may be wrong on this one, and I think we may still have at least one
copyright lawyer in our midst, but I have photographed sculptures and other
art for a number of clients and I have always understood that the issue of
copyright infringement on such items hinges on the use of the photographs.

The usual thinking would seem to be that where the photograph is not
intended for commercial use (eg selling postcards of the artwork or use for
advetising) the copyright issue would not come into play.

If the photograph is to be displayed as a winning photograph I do not think
there is a copyright issue here. If the winning photographs were turned into
postcards and sold or given away then I think the copyright would be deemed
to have been infringed.

keep well

Harold
- ----- Original Message -----
From: "Rodgers, David" <david.rodgers@xo.com>
To: <leica-users@mejac.palo-alto.ca.us>
Sent: Thursday, June 14, 2001 9:11 PM
Subject: [Leica] Copyright questions


> I'd like to throw this out for discussion.
>
> I just had a friend call me up with a concern. She photographed a
sculpture
> and entered the photograph in a national competition. She won an merit
award
> for the photograph. The photograph was to go on display. She began to
wonder
> about copyright. Can she display the photograph of the sculpture without
> having to get a signed release by the sculptor?
>
> Just to be safe she contacted the gallery owner to try and track down the
> artist. Apparently the artist is famous, but does not live in the USA and
is
> also not easy to contact. The gallery owner said the work was "heavily
> copyrighted" (I'm a bit confused by that. US Copyright isn't something you
> apply for, is it? An artist can't copyright one piece of work more than
> another. Copyright can only be released, not increased, correct?)
>
> The sculpture was not photographed in the gallery. It was owned by a
private
> party. The current owner gave the photographer permission to take the
> photograph. Wouldn't this fall under "fair use"?
>
> It seems to me if this is an issue any person taking a photograph with a
> sculpture in the frame could be infringing on copyright.
>
> Dave
>
>
>
>