Archived posting to the Leica Users Group, 2001/06/15

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Subject: RE: [Leica] Re: Copyright questions
From: "Austin Franklin" <darkroom@ix.netcom.com>
Date: Fri, 15 Jun 2001 07:28:32 -0400

> Kip:
>
> >In the original question, it was noted that the sculpture was owned by a
> >private party who gave permission for the photograph.  Could that owner
> >make his own photos of the sculpture and sell them?  If not, why not?
> >Or could he use the sculpture in a business that he owns?
>
> Replace "sculpture" with "photograph."
>
> If you buy a print, are you allowed to make copies of that print and sell
> them?  (No.)
>
> Are you allowed to hang the print on your wall?  (Yes.)
>
>
> Eric

That is not the same.  The item you are purchasing IS a photograph, but when
you buy a sculpture, you are not buying a photograph, and you are not making
more sculptures by taking a picture of it.

Replace photograph (sculpture) with automobile.  If you buy a car, can you
take a picture of it?  Of course.  Can you use pictures of YOUR car in a
magazine, of course.  Can you use pictures of YOUR car in an advertisement,
of course.  Why do you think a sculpture is any more a work of art than a
car is?

If photographers had to get permission to use EVERYTHING used as props,
there would be no photographs.  Pens, watches, benches, cars, buildings,
cameras...trinkets on a desk....

Replies: Reply from Jim Brick <jim_brick@agilent.com> ([Leica] Re: Lone Cypress trademard)
Reply from "Mxsmanic" <mxsmanic@hotmail.com> (Re: [Leica] Re: Copyright questions)
Reply from Rob McElroy <idag@pce.net> (Re: [Leica] Re: Copyright questions)