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  1. #1

    Legal Question: photography of public art

    Thank you all for your responses and very helful links to other pages. I'm convinced after reading your responses and checking the suggested links that I definately need to get ahold of the Freemont Troll artist before doing anything else with this negative an print. He obviously needs to be on board regarding any income that might be generated from my photograph. I have found his name and phone number and plan on contacting him this evening.

  2. #2

    Join Date
    Dec 1997
    Location
    Baraboo, Wisconsin
    Posts
    7,697

    Re: Legal Question: photography of public art

    Quote Originally Posted by Paul Mongillo View Post
    Thank you all for your responses and very helful links to other pages. I'm convinced after reading your responses and checking the suggested links that I definately need to get ahold of the Freemont Troll artist before doing anything else with this negative an print. He obviously needs to be on board regarding any income that might be generated from my photograph. I have found his name and phone number and plan on contacting him this evening.
    You might also want to get on board with the City or whatever organization owns the sculpture. Note that in the Gentile case it wasn't the architect (sculptor in your case) that was suing, it was the organization that owns (I assume) the museum.
    Brian Ellis
    Before you criticize someone, walk a mile in their shoes. That way when you do criticize them you'll be
    a mile away and you'll have their shoes.

  3. #3
    New Orleans, LA
    Join Date
    Oct 2004
    Posts
    640

    Re: Legal Question: photography of public art

    We are currently dealing with something here in New Orleans that relates to a similar copyright issue. The Mardi Gras Indian tribes (http://en.wikipedia.org/wiki/Mardi_Gras_Indians) are attempting to copyright their costumes as sculpture so that anyone who publishes photographs of them must get their permission to publish the photo and/or pay them royalties. They work on their costumes all year in private but parade in public. It's going to be interesting to see how this shakes out. As Frank said, "Since most photos are worthless it's usually a moot point." When the Indians are out on the street there are a thousand photographers around them so I would think in our supply and demand world that there that any given photo would essentially be worthless. But the Indians are going down an interesting road to try to copyright a costume. Keep and eye on this one.

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