Selling Photo's of Temporary Public Art Installation

ChrisJ_SLH

ChrisJ_SLH

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(I've posted this over in the business section too but on reflection it is a copyrights question rather than a business question).

I have been approached about the potential sale of some photographs I took of some (temporary) public art installations.

What is the position on copyright in this situation with respect to the rights of the original Artist(s)?

Do I need to seek their permission to reproduce the images of their work commercially?
 
ChrisJ_SLH said:
(I've posted this over in the business section too but on reflection it is a copyrights question rather than a business question).

I have been approached about the potential sale of some photographs I took of some (temporary) public art installations.

What is the position on copyright in this situation with respect to the rights of the original Artist(s)?

Do I need to seek their permission to reproduce the images of their work commercially?
Click to expand...

is the sale planned for editorial use? in that case i think you're fine, altough otherwise i imagine you would need to get permission
 
It depends very largely on the nature of the images, what they're of and how that is represented, and the context of the publication.
 
Hoppy, the company concerned appear to supply interior design services for restaurants and pubs and the like. They have enquired about the availability of hi-res image files so I am surmising from their website they are looking to use these as stock type images to potential clients. I haven't even started to worry about how to price these up if it comes to that!

The images are of various installations in the Gateshead Enchanted Parks event (check my Flickr for examples). After further research, I'm led to believe that due to the temporary nature of the installations I may need to seek permission from the original Artist(s).
 
So you took some general views of this installation, obviously including various art exhibits, and the interior design company that did the constuction want to use your pictures as an example of what they can do?

You were free to take these pictures (didn't sign anything to the contrary) and they are not a direct 'copy' of any single two-dimensional painting or whatever? Then you're free to do what you like.

That may not prevent the artist/s objecting and claiming you've infringed their copyright. They can get very touchy about these things, but they are also often ignorant of what a copyright infringement actually is - ie, it has to either a direct copy, or something close to it, eg, it's quite hard to infringe the copyright of a sculpure in a two-dimensional photo.

However, if you photograph a sculpure and then try to sell prints of it, that would get you into trouble. As I say, it depends on the nature of both the images and how they are used. From the sounds of it you should be okay, as your images are of the general installation, and the artworks are incidental to that - just make sure to keep it that way around. Tip: put a credit to the artist/s alongside your pic; it's good etiquette and may well defuse a lot of unnecessary arguing.
 
HoppyUK said:
So you took some general views of this installation, obviously including various art exhibits, and the interior design company that did the constuction want to use your pictures as an example of what they can do?
Click to expand...

Not quite Hoppy, let me explain a bit further. The event consists of a number of commissioned artworks displayed in Gateshead's Saltwell Park. I took pictures of many of these artworks.

The interior design company which have approached me have nothing to do with event but it looks like they may want to use my images as stock type photo's for potential clients to select when commissioning them for interior design work.

To be honest, if anything comes of it I'm temped to approach the Artists concerned anyway and be completely upfront about it.
 
ChrisJ_SLH said:
Not quite Hoppy, let me explain a bit further. The event consists of a number of commissioned artworks displayed in Gateshead's Saltwell Park. I took pictures of many of these artworks.

The interior design company which have approached me have nothing to do with event but it looks like they may want to use my images as stock type photo's for potential clients to select when commissioning them for interior design work.

To be honest, if anything comes of it I'm temped to approach the Artists concerned anyway and be completely upfront about it.
Click to expand...

Then it sounds more complicated. Very hard to say for sure without seeing the pictures and knowledge of their potential future use, which you don't know about. Rule of thumb with these things is that if there is any doubt and someone objects, you'll be tied up in expensive solicitors letters and grief even if it comes to nothing.

Just not worth it. Getting the artists' permissions seems prudent.
 
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