I know that it is illegal to take a photo of another photo, but does anybody know what the legal situation of selling a photo that includes a sculpture that it is in a public place?
Something like:
I'd like to interpret it as my own derivative work, and as it is taken in a public place, that no special permission is required under UK law; but would the situation change if I wanted to sell a copy to (say) the local pub?
I appreciate that jurisdictions will vary, and I'm primarily interested in works created within the EU, but if there are principles within the Berne Convention, that would be good to know for a worldwide audience
Answer
I am no lawyer and do not claim to know about this however I can refer you to the UK Photographers Rights which is a great PDF summarising many of the points written by a lawyer.
In it is says:
It is not an infringement of copyright to take photographs of buildings, sculptures and works of artistic craftsmanship that are permanently situated in a public places
though I advise you read the whole PDF in context as there are many restrictions and times this does not apply. The PDF also highlights when there is a difference between commercial selling and private use so worth a read.
That said personally I agree with sebastien.b answer to get a release (which is also mentioned by Scott Kelby in his photography book) as you then know you are covered.
Remember as the PDF says If you require full legal advice please consult a lawyer.
No comments:
Post a Comment