When does a photo cease to become yours ?

[bobt]

I recently visited the World Press Photo of the Year exhibition in Amsterdam, and surprisingly they didn't mind people wandering around photographing the various winning images. I took quite a few so as to remember what they were and to illustrate to friends the various themes and subjects. Mainly I have been commenting on the relatively self indulgent nature of hobby photography when compared with the more serious side of things.

The problem I have is in the photos I have taken in terms of copyright. Obviously if I take a photo of the room with photos in it, then there isn't a problem. However, the closer I get to an image, and the more that image consumes the frame, presumably at some point it ceases to be "my photo" but a reproduction of someone else's work.

My question, for anyone to ponder, it at what point does one cross that invisible border - and at what point would it be wrong to publish it in a club magazine? Where does copyright begin and end?

[fess67]

Hmmm. I think for personal use / viewing it is ok but as soon as you 'publish' by any means I think it starts to get sticky. Even if you credit the original artist I am not sure you can publish without consent.

[Kym]

This issue came up on a photographic judge train course.
The simple version is:
If the image is only of a piece of art then it breaches © and if the art is part of a greater work it is ok.
Eg. A photo of a painting is not ok, a photo of my wife standing beside the painting is ok.

[bobt]

The simple version is: If the image is only of a piece of art then it breaches © and if the art is part of a greater work it is ok.
Eg. A photo of a painting is not ok, a photo of my wife standing beside the painting is ok.

Yup ... it's interesting, particularly that blurry line between the two where (as fess67 says) it gets "sticky". I did like the fact that in Europe they seem generally more relaxed about people taking photographs in museums and galleries. I think we are starting down that path here.

[ricktas]

From the Arts Law Centre of Australia:

Photography and the arts

Sculptures, monuments and artwork may be protected by copyright. Unless an exception applies, you need permission from the copyright owner of the work. Exceptions to this general rule are found in the Copyright Act. For example, photographing and publishing a photograph of a sculpture or work of artistic craftsmanship that is permanently situated in a public place, or in premises open to the public, does not infringe copyright (s.65). This does not apply to other public art, such as murals. If the public place is a gallery or museum, remember that your rights to photograph may be limited by the conditions of admission on your ticket. As previously discussed, you can also take pictures of buildings without infringing copyright.

More info here : http://www.copyright.org.au/admin/cms-acc1/_images/16977409264f4571d7840aa.pdf