I don't think that's quite true.  A lot would depend on whether the
photographs you used were in the public domain or not.

For example, let's say that I used photographs taken by Photographer A
two years ago of an outdoor sculpture that was created in 1829 by
Sculptor B, and painted a mural from those photographs.  Since the
sculpture was in the public domain Photographer A was not infringing on
any copyrights, but in creating a derivative work from Photographer A's
work I was infringing on Photographer A's copyrights.

However, if I had taken the photographs and then painted the mural based
on them, I would not be infringing on anyone.

Julia Muney Moore
Public Art Administrator
Blackburn Architects, Indianapolis, IN
(317) 875-5500 x219
   
 
 

-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of Tim Atherton
Sent: Friday, July 11, 2008 1:58 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Copyright issues


Again, say you reproduce a public domain sculpture based entirely on
photographs of it - you are pretty much free to do so, whoever owns the
original or wherever it is located.

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