Copyright issues?

[Eye seven]

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.

 

[Eye seven]

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!