The question that needs to be asked is how prominent is the sculpture in the
photo? Or put differently, is the photo really about the sculpture, the
building or a general street scene, which happens to include the building
and the sculpture? If the building or street scene, I do not believe there
would be much of a claim by the owner of the copyright in the sculpture. If
the shot is relatively close up to the sculpture, and perhaps the sculpture
is in focus and while the rest of the picture is not, then the sculpture
might be protected. Also, intent sometimes plays a function in copyright.
If the photo appears in a book about sculpture and the caption only
identifies the art, then the rights holder will have a better claim.
Sincerely,
Robert Panzer
VAGA (Visual Artists and Galleries Association)
350 Fifth Avenue
Suite 2820
New York, NY 10118
tel: 212 736 6666
fax: 212 736 6767
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-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On
Behalf Of Rachel Roberts
Sent: Wednesday, August 25, 2004 10:14 AM
To: [log in to unmask]
Subject: Re: copyright question
Thanks! We do have copyright to the slide image, and the building and the
sculpture are on a public street, so I assume it's safe to reproduce the
slide for our patron.
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On
Behalf Of Campbell, Robin (PEB)
Sent: Wednesday, August 25, 2004 7:55 AM
To: [log in to unmask]
Subject: Re: copyright question
It may be more of a copyright issue regarding the photographer rather than
the sculptor - presumably the building and sculpture are on a public street
where anyone can go take a picture but the photographer who took that
particular image may have copyright. Check it out with a lawyer.
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On
Behalf Of Rachel Roberts
Sent: Tuesday, August 24, 2004 6:32 PM
To: [log in to unmask]
Subject: copyright question
Please excuse the cross posting.
We have a slide made in the 1990s that features a Dallas building and the
sculpture in front of it. A patron wants to reproduce the slide to hang in
the wall of her office conference room. Is it a violation of the
sculpture's copyright to reproduce the slide for her?
Rachel Roberts
Dallas Historical Society
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