Photographing Art

Joined
Feb 9, 2012
Messages
298
Location
Kingston, Ontario
On a recent trip to mexico I spent hours walking around small towns and streets taking pictures of course. Some stores have displays on the sidewalk outside for the tourists of course and often have pieces of art; paintings etc. If I took a image of a painting or art can I put this up for sale as a photograph or is permission needed from the person you actually made the art. Mind you when shopping in Mexico the vendors most always let you photograph what yu want as they want your money. Opinions on this welcome. Just looking for a straight answer, for me in this case it seems that taking a photo outside and not in a gallery is a little different but I could be wrong. Thanks for any input.

Paul
 

Butlerkid

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Joined
Apr 8, 2008
Messages
24,753
Location
Rutledge, Tennessee
Real Name
Karen
If you had a display of your work (for sale) and someone took a photo of one of your best images and started selling it, how would you feel?
 
Joined
Jul 21, 2007
Messages
5,262
Location
NJ
(1) It depends on Mexican law, obviously

(2) See Karen's reaction

I think there's a difference (and legally as well but IANAL) between a picture of artworkand a picture with in it artwork. The first case is simple reproduction and obviously a copyright issue; the second is a grey area where many lawsuits (some won, some lost) have been fought out in; it depends largely on how prominent a role the artwork plays in the picture (and what kind of role, too)
 
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