RE: filmscanners: OT more copyright questions

["Laurie Solomon" <laurie@advancenet.net>]

In this case, my comment restated below applies:
        If it is a public sculpture on public property ( like in
        a municipal museum or gallery, you would need to get permission
        from the municipality or the public facility where it is located.
I would add that: (a) this is a property rights/property release issue and
not a copyright issue; (b) since it is public property that the sculpture is
on, there are no trespass or invasion of privacy issues involved which might
require you to get permission to photograph the work; (c) but photographing
the work and selling the images are two different things so you would need
authorized permission, a license, and/or a property release to market your
images commercially.

-----Original Message-----
From: owner-filmscanners@halftone.co.uk
[mailto:owner-filmscanners@halftone.co.uk]On Behalf Of soho
Sent: Thursday, March 22, 2001 3:04 AM
To: filmscanners@halftone.co.uk
Subject: Re: filmscanners: OT more copyright questions


On 21/3/01 9:35 pm, "Laurie Solomon" <laurie@advancenet.net> wrote:

> Of course, it all depends on a number of factors.  The only universal
> statment that one can make as an absolute is that you do not have the
right
> to "sell images of ANYTHING you photograph."  If the sculptures are on
> private property or are private property, you need the permission of the
> owner to photograph them even if they can be seen from a public vantage
> point if they are recognizable,the center of interest of the photograph,
or
> of significant importance to the image and its meaning and worth.
>
> This has more to do with model/property releases than with copyrights,
with
> property rights and trespass laws than fair usage issues, and invasion of
> privacy than infringements of copyright.  If it is a public sculpture on
> public property ( like in a municipal museum or gallery, you would need to
> get permission from the municipality or the public facility where it is
> located.  The only time where you do not have to workry about acquiring
any
> permission is if the sculpture is in the public domain and located on
public
> property.
Laurie

The sculptures were commissioned by the County Library and are located
around the town, some on the roadside and others in public parks.

Richard