Question about photos of art...

[aropilot]

I was taking pictures of sculptures in a public park a couple weeks ago and it just dawned on me, can I sell photos of this art if the opportunity arose? Not that I'm looking to sell but when I have some good ones someone may want? And what legalities are there? I'm sure it will differ from country to country but in general would be good to know...

[DogHeadGod]

Originally Posted by aropilot

I was taking pictures of sculptures in a public park a couple weeks ago and it just dawned on me, can I sell photos of this art if the opportunity arose? Not that I'm looking to sell but when I have some good ones someone may want? And what legalities are there? I'm sure it will differ from country to country but in general would be good to know...

I think it depends on how old the sculptures are, i.e. is the artist (copyright holder) still alive, and the intended type of sale. I think selling a print now and again would be ok, but commercial reproduction and printing would be another matter.

[OsmosisStudios]

Originally Posted by DogHeadGod

I think it depends on how old the sculptures are, i.e. is the artist (copyright holder) still alive, and the intended type of sale. I think selling a print now and again would be ok, but commercial reproduction and printing would be another matter.

Nope:

Provided the sculpture was completed after 1955, copyright extends to their family 70 years after death. Before 1955 it is 50 years after death.

So if the sculpture was completed before 1955, it's considered public domain. Then you'd be safe. But depending on who owns it and where it is located, you may need a property release.

[Sterling]

Originally Posted by OsmosisStudios

Nope:

Provided the sculpture was completed after 1955, copyright extends to their family 70 years after death. Before 1955 it is 50 years after death.

So if the sculpture was completed before 1955, it's considered public domain. Then you'd be safe. But depending on who owns it and where it is located, you may need a property release.

50 years after the death of the sculptor? The sculptor who created a piece in 1955 (or earlier) could easily still be alive. And the copyright then extends another 50 years from when they die?. I guess it would be more accurate to say that, as of now, sculptures made before 1955 by artists who died earlier than 1959 would be public domain.

[OsmosisStudios]

Originally Posted by Sterling

50 years after the death of the sculptor? The sculptor who created a piece in 1955 (or earlier) could easily still be alive. And the copyright then extends another 50 years from when they die?. I guess it would be more accurate to say that, as of now, sculptures made before 1955 by artists who died earlier than 1959 would be public domain.

My bad: You are correct sir!

[vandergus]

But if it is in the public view can't it be used regardless of copyright? Similar to using photographs of people who are in public view.

[Nicole]

However, there may be exceptions to that:

From WIPO:

Taking photos of copyright works in public places

In some countries, you don’t need permission to photograph certain artistic works that are permanently displayed in a public place (for example, in a park or on the street). You can also publish and commercialize the photograph without infringing copyright.
However, this exception applies only:

• To certain types of works: usually, only to three-dimensional works, such as sculptures and craft. So, you may still need prior permission to take a photo of a painting or a mural in a public place;
• If the work is displayed in public: to photograph a sculpture in a private house, a permission will usually be required; and
• If the work is displayed in public permanently: if you want to photograph a sculpture which is only temporarily sited in a public place, you would usually need permission.

Note, I did emphasise the "in some countries" part because it may not apply everywhere. I know in NZ there is an exception.

[aropilot]

I think I'll try to contact the sponsor of the sculpture garden...
If I get an answer I'll post it here for all to have general ideas of what to expect.
Come to think of it, aren't buildings like sculpture? We take pics of buildings, features of buildings etc...
Just a thought.

[OsmosisStudios]

Buildings are not art: there's a very distinct difference.

[aropilot]

Originally Posted by OsmosisStudios

Buildings are not art: there's a very distinct difference.

Don't tell that to the people who design some of them!