Archived posting to the Leica Users Group, 2001/06/15[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]
Austin Franklin writes: > That is not the same. Actually, it is. Both the sculpture and the photo are fixations of a creative work in a tangible medium. Copyright controls the making of such embodiments of a creative work. Taking a photograph is one form of such an embodiment, so taking a picture is generally assimilated with making a copy of a work. The actual medium used is typically not relevant, particularly for works of purely artistic value. > Replace photograph (sculpture) with automobile. An automobile is a tool, not an embodiment of a purely creative work, and as such, copyright usually is not asserted or enforced for automobiles (although, in theory, the designer of the automobile has a copyright on the design). > Can you use pictures of YOUR car in a magazine, > of course. Can you use pictures of YOUR car in > an advertisement, of course. Not necessarily. It depends on how central the make and model of car is to the use of the image. You might need a release for certain uses, although this is pretty rare for something like a car. > Why do you think a sculpture is any more a work > of art than a car is? The thing is, a sculpture is a work of art, but not really anything else. A car, in contrast, is a tool first, and a work of art only second or third or beyond. So copyright is important for sculpture, and far less so for a car. The revenue potential of a sculpture depends exclusively upon having control of the creative essence of the work, whereas the revenue potential of a car depends mostly on its utility as transportation. > If photographers had to get permission to use > EVERYTHING used as props, there would be no > photographs. That's true, and that's why there is such a large gray area in this domain. That is also why releases are not always necessary in practice. However, taking a photo of a scupture alone serves little other purpose than to make a copy of the sculpture, so to speak, and so any commercial use of that photo is very likely to require a release. > Pens, watches, benches, cars, buildings, > cameras...trinkets on a desk.... The same rules potentially apply to all of these, but real-world practices differ.