John Mitchell Posted February 17, 2014 Share Posted February 17, 2014 I can't help but notice that there are thousands of outdoor contemporary sculpture images for sale (without releases or restrictions) on Alamy. I'm thinking of adding yet another one to the pile, and I'm wondering if it is really a good idea. Any thoughts on this? P.S. I know similar copyright topics have been discussed before, but I'm not sure that there were any discussions about outdoor sculpture in particular. Link to comment Share on other sites More sharing options...
spacecadet Posted February 17, 2014 Share Posted February 17, 2014 Alamy will want it to be RM unless you have releases. Link to comment Share on other sites More sharing options...
John Mitchell Posted February 17, 2014 Author Share Posted February 17, 2014 Alamy will want it to be RM unless you have releases. Oh yes, I know that. No releases but, as mentioned, I wouldn't exactly be alone in that regard. Link to comment Share on other sites More sharing options...
Ed Rooney Posted February 17, 2014 Share Posted February 17, 2014 Yes, RM is of course a given. My father was a lawyer, I've never even played one on TV. This is what I do, be it correct or not: if the sculpture or piece of art is a part of an outdoor scene that shows other things, I will shoot it and submit it. I will click the box saying I have no property release. But If you are framing the item by itself . . . well, I wouldn't do that. But let me remind everyone again that the ASMP has stated that they have never been involved in a lawsuit concerning a property release. There are many many images on Alamy and other agencies that perhaps should not be offered for sale. I've never been sued and never worry about that. I'm lucky to be just 10 minutes from the court buildings, so go to it, World. Link to comment Share on other sites More sharing options...
John Mitchell Posted February 17, 2014 Author Share Posted February 17, 2014 Yes, RM is of course a given. My father was a lawyer, I've never even played one on TV. This is what I do, be it correct or not: if the sculpture or piece of art is a part of an outdoor scene that shows other things, I will shoot it and submit it. I will click the box saying I have no property release. But If you are framing the item by itself . . . well, I wouldn't do that. But let me remind everyone again that the ASMP has stated that they have never been involved in a lawsuit concerning a property release. There are many many images on Alamy and other agencies that perhaps should not be offered for sale. I've never been sued and never worry about that. I'm lucky to be just 10 minutes from the court buildings, so go to it, World. The image I'm thinking of submitting does frame the sculpture by itself (i.e. it's not part of a display), which is a concern. However, there are plenty of isolated sculptures on Alamy, and I haven't heard of any lawsuits (famous last words, perhaps). Link to comment Share on other sites More sharing options...
Bryan Posted February 18, 2014 Share Posted February 18, 2014 I've a few of recent artworks, and without releases. I can recall a sale. Maybe I'm being naive here, but provided that you don't claim it as your work and make it clear that there is no release I don't see an issue here. If someone chooses to use it within an advert in the knowledge that it's not released, then that's their problem. Link to comment Share on other sites More sharing options...
IDP Posted February 18, 2014 Share Posted February 18, 2014 It's not clear cut and can prove a little risky. This case got a lot of publicity a couple of years ago: http://www.pdnonline.com/news/Photographer-Settles-3142.shtml It seems to depend on how litigious an artist is feeling! Having said that, I do photograph sculptures in public spaces, although I'm a little warier when in the US. Ian D Link to comment Share on other sites More sharing options...
spacecadet Posted February 18, 2014 Share Posted February 18, 2014 It's not clear cut and can prove a little risky. This case got a lot of publicity a couple of years ago: http://www.pdnonline.com/news/Photographer-Settles-3142.shtml It seems to depend on how litigious an artist is feeling! Having said that, I do photograph sculptures in public spaces, although I'm a little warier when in the US. Ian D He settled. it never went to court so it's still unclear. I think that was really about copyright rather than property rights. However it's not unclear in the UK. Photographing a public sculpture is not a breach of its copyright. There's a specific clause in the CDPA. This is OT, strictly speaking. Link to comment Share on other sites More sharing options...
MariaJ Posted February 18, 2014 Share Posted February 18, 2014 I can't help but notice that there are thousands of outdoor contemporary sculpture images for sale (without releases or restrictions) on Alamy. I'm thinking of adding yet another one to the pile, and I'm wondering if it is really a good idea. Any thoughts on this? P.S. I know similar copyright topics have been discussed before, but I'm not sure that there were any discussions about outdoor sculpture in particular. In Canada if it's a sculpture in a public place, then it seems you are not infringing on copyright if you photograph it. That's based on what I read below: http://commons.wikimedia.org/wiki/Commons:Freedom_of_Panorama#Canada Link to comment Share on other sites More sharing options...
John Mitchell Posted February 18, 2014 Author Share Posted February 18, 2014 I can't help but notice that there are thousands of outdoor contemporary sculpture images for sale (without releases or restrictions) on Alamy. I'm thinking of adding yet another one to the pile, and I'm wondering if it is really a good idea. Any thoughts on this? P.S. I know similar copyright topics have been discussed before, but I'm not sure that there were any discussions about outdoor sculpture in particular. In Canada if it's a sculpture in a public place, then it seems you are not infringing on copyright if you photograph it. That's based on what I read below: http://commons.wikimedia.org/wiki/Commons:Freedom_of_Panorama#Canada Thanks, Maria. That's a useful link. I've decided to upload the photo. I have a few other outdoor sculpture (located in Canada) images on Alamy but have never felt totally comfortable about it. Link to comment Share on other sites More sharing options...
John Crellin Posted February 19, 2014 Share Posted February 19, 2014 Has anyone ever managed to get a release ? I like to research sculptures I find on public display. I try to contact the artist - eg via their website - never had a reply... I don't see the problem with putting them on Alamy as RM, no release though - as long as they are freely publicly displayed.. John Crellin Link to comment Share on other sites More sharing options...
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