David Harvey says:
" if you can stand on a public street and photograph the work (or building)
then I believe that there in no inherent copyright of that image by the
creator of the work, I know that this applies to the use / permission
of images of people but am not totally positive that it applies to art
and objects."
I believe that if you take a shot of a work of art in a public place and the
focus of the shot is NOT the work, but of many things in the scene, then you
do NOT need permission of the rights holder to publish the photo. But if
the shot is clearly focused on the work, whether as the result of a tight
shot on the work or a shot in which everything is blurred except the work,
then you would need permission.
Sincerely,
Robert Panzer
Executive Director
VAGA (Visual Artists and Galleries Association, Inc.)
350 Fifth Avenue
Suite 2820
New York, NY 10118
Tel: 212 736 6666
Fax: 212 736 6767
email: [log in to unmask]
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of David Harvey
Sent: Wednesday, September 26, 2007 9:16 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Owning the image of an artpiece
A couple of things here. Everyone on this list should be conversant in
the current copyright law and the most recent revision was the Sony
Bono act of 1998. All rights belong to the creator of the work from
the day it is made unless that creator either expressly transfers all
rights, or some rights, to another party. Even if you are hired to
create a work you own all of the rights to that work unless they are
expressly transfered by contract.
Another thing for folks top be aware of is that the copyright
protection also means that there can be no alteration of that work, or
material change in the work, rendered by the owner or others without
express permission from the artist - this can include issues such as
cleaning and conservation, and even setting and siting for works of
art created expressly for an outdoor or even indoor setting proscribed
by the artist.
And yes, it is a little more complicated with a photograph or moving
image of an artwork. In this case if there is a commercial use for
that image they you will need permission from the photographer or
filmaker and the artist. If the image is for private use (or fair
use), for a lecture or classroom, or staff training then you are
probably OK. I make a distinction between art that is in public view
and a work that is within private property or a building - if you can
stand on a public street and photograph the work (or building) then I
believe that there in no inherent copyright of that image by the
creator of the work, I know that this applies to the use / permission
of images of people but am not totally positive that it applies to art
and objects.
http://www.the-artists.org/exh/art-copyright.cfm
http://straylight.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17.html
http://darkwing.uoregon.edu/~csundt/copyweb/
http://www.nolo.com/resource.cfm/catID/B0602CF7-ABD8-4E42-BA43CC5D1C51DCE8/3
10/238/
http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act
Cheers!
Dave
David Harvey
Conservator
Los Angeles, California
On 9/24/07, itsstephieb <[log in to unmask]> wrote:
> Does anyone know what to do if the owner of an art image and the artist
are
> not one in the same? Does this mean that anytime they want to give
> permission for reproduction/publication, they need to get both the owner
of
> the image and the artist to grant permission?
>
> Do these rules apply if the artist is no longer living?
>
> Thank you for any clarification you can give.
>
> Sincerely,
>
> Stephanie
>
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