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 [log in to unmask] -----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 [log in to unmask] ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes). If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes). ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes). If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes). ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes). If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes). ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes). If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).