Art and Copyright

[geogphotos]

The artist Diego Rivera died 1957

 

I took some pictures similar to this when in Mexico City.

 

Can I upload to Alamy? 

 

 

Production of Automobile Exterior and Final Assembly by Mexican artist Diego Rivera is part of his 1932 Ford Industry fresco mural project at the Detroit Institute of Arts on Woodward Avenue in Detroit, MI.

 

Art Directors agency

Edited May 30, 2023 by geogphotos

[spacecadet]

It's not in context, just a straight copy, so I wouldn't.

Not till 2028 anyway😉

[geogphotos]

14 minutes ago, spacecadet said:

It's not in context, just a straight copy, so I wouldn't.

Not till 2028 anyway😉

 

 

I'll probably still be working on my Mexico backlog in 2028 😶

[geogphotos]

I found this:

 

Artwork by Diego Rivera are restricted by copyright. 

Access: Permitted; subject to P&P policy on serving originals. 

Reproduction (photocopying, hand-held camera copying, photoduplication and other forms of copying allowed by "fair use"): Permitted, subject to P&P policy on copying, which prohibits photocopying of original drawings. 

Publication and other forms of distribution: Restricted. Diego Rivera's drawings are protected by copyright. Privacy and publicity rights may also apply. For permission contact: 

Diego Rivera  c/o Enrique Alcantar Mendoza, Delgado Fiduciario Especial Banco De Mexico, Av. 5 de Mayo No. 2  Col. Centro C.P. 06059 Mexico

[John Mitchell]

Many of DR's murals are on permanent display in "public places", so wouldn't the Mexican freedom of panorama rules apply? There is certainly no shortage of these images out there already...

 

 

Edited May 31, 2023 by John Mitchell

[John Mitchell]

If you want to get really confused, then read this.

 

N.B. There's a summary/conclusion of sorts at the end of the article.

Edited May 31, 2023 by John Mitchell

[spacecadet]

6 hours ago, John Mitchell said:

If you want to get really confused, then read this.

 

N.B. There's a summary/conclusion of sorts at the end of the article.

So Rivera would be out of copyright in Mexico, but not in the EU or UK at least. When the EU extended the term from 50 to 70 years in the 90s it was retrospective, so that Elgar, for example, went back into copyright, with a provision that current publications remained lawful.

It can be hard to tell, but I work on the basis that Alamy's criterion for inclusion is based on English law, so lifetime +70, the same as the EU and most of the rest of the world. But obviously a Mexican publisher would have regard to that country's term. Or not.

Edited May 31, 2023 by spacecadet

[John Mitchell]

7 hours ago, spacecadet said:

So Rivera would be out of copyright in Mexico, but not in the EU or UK at least. When the EU extended the term from 50 to 70 years in the 90s it was retrospective, so that Elgar, for example, went back into copyright, with a provision that current publications remained lawful.

It can be hard to tell, but I work on the basis that Alamy's criterion for inclusion is based on English law, so lifetime +70, the same as the EU and most of the rest of the world. But obviously a Mexican publisher would have regard to that country's term. Or not.

 

So doesn't the responsibility fall upon the end-user of the image to figure all this out?

[spacecadet]

14 minutes ago, John Mitchell said:

 

So doesn't the responsibility fall upon the end-user of the image to figure all this out?

It does, yes, but there's no point uploading material that Alamy might remove anyway.

[John Mitchell]

1 minute ago, spacecadet said:

It does, yes, but there's no point uploading material that Alamy might remove anyway.

 

But they don't. This is true of other agencies as well.

[spacecadet]

1 minute ago, John Mitchell said:

 

But they don't. This is true of other agencies as well.

National Trust, Network Rail, UK passport images- need I go on?

[John Mitchell]

6 minutes ago, spacecadet said:

National Trust, Network Rail, UK passport images- need I go on?

 

Don't know anything about those being "over here". I was referring specifically to DR.

 

But thanks.

 

Edited May 31, 2023 by John Mitchell

[John Mitchell]

There's also this. According to Mexican copyright law:

 

«Literary and artistic works already published may be used, provided that normal commercialization of the work is not affected, without authorization from the copyrightholder and without remuneration, invariably citing the source and without altering the work, only in the following cases: […]

[Nodvandigtid]

I wouldn't put it on Alamy

but what a cracking painting that is