Forum: Photography


Subject: Copyright question...

FuzzyShadows opened this issue on Dec 16, 2005 ยท 7 posts


FuzzyShadows posted Fri, 16 December 2005 at 11:40 AM

My curiosity was sparked by a recent gallery and account deletion due to a member copyright infringement. Lets say you take a picture of someone viewing a painting (or photograph) that's hanging on the wall. Lets say you want to sell prints of your photograph, do you have to get permission from the owner of the photograph hanging on the wall? What if you take a picture of your living room, and it has some paintings hanging on the wall? I was just wondering since I don't know much about that stuff.


cynlee posted Fri, 16 December 2005 at 11:58 AM

Attached Link: copyright forum

the image in question is still under investigation & does not need to be reviewed here.. to protect the photographers involved.. & it wasn't because of the painting as far as your question on copyright.. if you were to **sell/publish** photos of a photo or painting.. then yes.. you need permission.. unless said photo or painting is over 70 yrs old, copyright has run out, no one else holds the copyright & it's considered "public domain" if you take a photo in public & within that photo is a poster of a photo.. or a painting hanging in an art gallery.. that is within public view.. should be alright, still best to seek permission in your own interest for more info.. we have a copyright forum with links on detailed info about copyright in the header

LostPatrol posted Fri, 16 December 2005 at 6:08 PM

Is that not 70 years after the death of the last surviving relative? If the artwork is a small part of a scene then it is probably OK to publish, however if it is a focal point than it probably isnt ok to publish. (Either way it is best to check) If the artwork is unmarked, it may still be copyright, in this instance you must take steps to find out who the author is! If after research you are unable to find any information on the original author then it is considered to be public domain (UK Law) Another point that seems to be a BIG gray area is that works completed prior to the relevant copyright law may not be affected by current legislation. There is also variants in law is different countrys although UK and US law are similar there are differences. So Many gray areas! Simon

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cynlee posted Fri, 16 December 2005 at 8:29 PM

yes.. 70 yrs after the death of the artist is how i understand it.. & some copyright laws differ from country to country.. RR following US law..


FuzzyShadows posted Sat, 17 December 2005 at 12:04 AM

Thanks Cyn and LP. Some food for thought.


LostPatrol posted Sat, 17 December 2005 at 8:03 AM

"Is that not 70 years after the death of the last surviving relative?" That is for film (movie) My mistake!

The Truth is Out There


Radlafx posted Sat, 17 December 2005 at 9:50 PM

I think its 75 years after the death of the artist.

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