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Wednesday, May 11, 2011

Public Art and Copyright

I am not an expert, or a laywer BUT ( please go to government links if you have any questions).
Many make the honest mistake of believing that because an artwork is outside it is public domain . It's NOT, in fact artists retain copyright no matter where their artwork is displayed, outside or inside, makes no difference.  From a local viewpoint  I can't tell you how upsetting it is for artists to walk into a local shop and images of their art being used for profit by others. Not only are they being deprived of income opportunities, any licencing fees, they aren't getting any promotional opportunies because they are not credited or their website listed.  Does that mean people can't photograph public art at all? No, it means it can't be the focal point and used for commercial purposes (see example of mural below). This includes the mural in our local post office which the UPS has a statement about: New Deal Art: Murals and Sculptures.

After working many months rehabbing the old Holly's cleaners building for "would you, could you , IN A FRAME Les Gilford commissioned artist Jennifer Veutling and her sister to paint a mural of him and his crew on the side of the building. It was in celebration of completing a job they felt great pride in as well as stating who did the work.   Scooby, Junior (Chris), Teaspoon(now deceased) and Les Gilford.


Currently a construction company outside of town is using this mural to promote it's business. They never asked the artists,  nor credited them, and no mention of where it is.  If it had been a street shot that had the mural in it that's one thing, but using the image itself for promoting it's business is another story.

Some useful LINKS
Mural Copyright Laws

Legal Pitfalls in Taking or Using Photographs of Copyright Material, Trademarks and People

Visual Artists Rights Act "While there is principled justification for artists not being flexible about copyright ownership, practically speaking, copyright ownership in a broader context really only makes a difference within the public art context when there are merchandising issues at stake."

"A Simple Guide for Photographers, Artists, Illustrators, Writers, Musicians and
Other Creative Individuals "  from Photo Law