Copyright issues?

Eye seven · 2 Apr 2012 at 14:12

Hello,

I wonder if anybody has any knowledge on the following. I sell canvas prints from a local shop of various landscapes from around the area that I live. This morning I took down some new images including one that included a sculpture with a landscape behind. The sculpture is about 15 years old and rests in a public place. The shop that sells my prints liked the image but said they could not sell it for me. I enquired as to why and they said they had a similar image as a post card but the sculptor had come in, removed all the cards and told them that any image that included her sculpture was her copyright and to remove them immediately.

I don't know a huge amount about this area of copyright but that really doesn't sound correct to me. The images were not taken by the sculptor so are not their coyright so what is the law? Does anyone know the definitive answer or even better could send me a link showing how the law stands on this issue? I would love to sell the canvas as its a bit of a cracker but they are unwilling to take it until I can show evidence of how the law stands.

Many thanks for any help.

Guitarman0 · 2 Apr 2012 at 14:28

If the sculpture is on public land and you take the photo I think you own all copyright over that photo. I am not 100% sure but I think that is correct.

Nexus · 2 Apr 2012 at 15:10

You own copyright over your photos of course.

But wether you can make money from selling a print of something you own the copyright to, which features something which presumably is copyrighted by another party is a different matter.

You say she didn't take the photos herself, which I'm sure is the case, it probably means that she hired a Photographer whom she paid to create an image of the sculpture in order to sell postcards.

It's a bit like at an entertainment gig or sports event.
You can take pictures with your own camera, which means you own the copyright, however you can't just sell the images you take unless you have permission from the teams and event putting on the gig. They have hired or have arrangements with official photographers already.

Obviously you can shoot on public land, but how the copyright of the sculpture itself actually works is more convoluted. The fact that it's creator, who likely does own any relevant copyright doesn't want other images of it being sold doesn't bode well for you. It's one for the copyright lawyers to answer, or the council as to who the sculpture really belongs to, or wether it's loaned to them for so many years.

If you think your image is better, have you tried contacting her?

Uvo · 2 Apr 2012 at 15:33

from what I understand, in the UK anyway, you are free to make a 2D copy of a public sculpture without the copyright owers permission. this copy can be used for commercial purposes.
You may however have to give acknowledgement to the the original copyright holder on the new image.

see how you inteprete the section of the copyright law that I reckon applies to it...
http://www.legislation.gov.uk/ukpga/1988/48/section/62

Eye seven · 2 Apr 2012 at 16:38

Hi again,

And thanks for all the replies. On the face of it, it would seem that the Copyright Act of 1988 is pretty clear (thanks UVO, exactly what I was looking for). To quote:

"Representation of certain artistic works on public display.(1)This section applies to—
(a)buildings, and
(b)sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.
(2)The copyright in such a work is not infringed by—
(a)making a graphic work representing it,
(b)making a photograph or film of it, or
(c)[F1making a broadcast of] a visual image of it."

Now, whether a clever copyright lawyer can interpret that in another way would seem to be quite hard, but far from impossible. I am happy, however, that on the face of it I am not breaching anyones copyright. Let the sales begin!

Nexus · 2 Apr 2012 at 18:26

Well that certainly answers that

Looks like you should be able to get the shop to sell it, but I'm sure the owner will show up and moan at them because it impedes on her postcard sales.