Re: filmscanners: Re: taking pictures (was: OT more copyright questions

[Arthur Entlich <artistic@ampsc.com>]

Lynn Allen wrote:

> I REALLY hate to get back into this, because I'm not a lawyer (my brother
> and daughter are), BUT:
> 
> Taking pictures with flash in a public museum is prohibited. That makes
> sense, because the extra-bright light of a flashbulb or strobe will damage
> the paintings. It will NOT damage a sculpture on the museum grounds, unless
> you take about 500-million of them--and who's got that kind of money or
> patience?
> 

I suspect flash photography is frowned upon at museums for many reasons. 
  I suppose there is some minimal damage to the work (at 1/1000-1/10,000 
sec, it would take a long time to really damage the pigments, paper, 
etc.)  I've been told the real reason behind the no flash photography is 
1) to reduce the likelihood of a successful shot that could be 
reproduced (postcards, posters, etc., since some museum pieces are 
protected from reproduction, yet most are available for photographing 
for "educational or academic" use. (most museums make money selling 
postcards and posters they reproduce). 2) It disturbs other patrons.


> As an artist, I can go anywhere I want to and paint any dammed thing I want
> to under 1st Ammendment guarantees, as long as I can see it and I don't
> block traffic. And I can sell the painting, too, if anybody cares to buy it.
> Then why can't a photographer photograph it, and sell the photo? So
> forbiding this is an arrogant case of a "copyright" being misused, IMHO.

 

Regarding the issue of painting versus photograph: a painting also 
requires a property release or copyright release, in the strict sense of 
the law if it represents a recognizable copyrighted or privately owned 
source. Paintings are considered editorial, even if sold, or artistic 
(it is rarely an exact replica of the object, as a photo might be), and 
usually it is a one of, and therefore not too many people pursue the 
issue. Keep in mind editorial photographers are also paid for their 
work, and they are not required to get releases.

But the truth is 'derivatives' in any format can be infringements or 
property rights, model rights or copyrights.

Art