Copyright infringment or usable photograph?

Hello,

I remember asking this before, but not having solved the situation I would like to have your opinion on this.

Some time ago I took a photograph at a public museum, where photography was permitted in certain areas only (including where this canvas was displayed). I took a photo of the reflections on a large canvas, which represents a night panorama.

Now, for the past 2 year I've been asking myself if this photo can be published, if it can't, if its an illegal piece of art, or perhaps the fair representation of a piece of art, as seen by the spectator. Obviously I don't take the merit of the canvas, I clearly state on my picture, that its 'a Reflection on a work by...'

I am not posting the photo here, because I don't want to incurr in copyright issues, and therefore only attaching the links for the original image, and my take on it.

Please give me your views, specifically, if you think that this could be submitted to the pentax photo gallery.

THank you

Original image by A.G.
http://i517.photobucket.com/albums/u332/nathanever82/picture.jpg

My photograph
http://i517.photobucket.com/albums/u332/nathanever82/Reflections-A-Photograph-by...

If I was you, I would contact the artist of the original. You are in effect reproducing their work.

I'd have thought that at the very least it would be courteous to ask.

I have tried, and not managed to.
And also, ask what? the use of my own photo?

When you take images in a museum you are normally agreeing that the images are for "private use only" and not for commercial use.

I would have thought that sharing your image via camera club competitions or sharing them with your friends here on PU was "private use" and not commercial.

If you wanted to use your image as, say, a map cover for Ordnance Survey or a book illustration, then approach the museum for permission. They will have a department or someone responsible for commercial photography.

Yes it is your photo, however you have used his artwork as part of your photo. It is recognisable as his work.

I'm not totally sure of the legalities, but if I took a photo of another photo say from a newspaper or whatever, then just because I have taken this second photo it doesn't mean I could use it for my own gain.

I do not know the answer to your question.

If a photographer includes a statue, stained glass window or piece of architecture within his/her photo then this is little difference to what you have done. In general this situation seems to be acceptable, with them being on display in a public place.

In your photo, the work of art does form a major part of your final image. It is in effect a sandwich of his and your pictures. Without his picture, yours does not have the same impact. It could be argued, that the same scenario would be there in a photo of a statue, in unusual lighting.

Being as the original work of art is an image, then it seems to create more emotion on the rights and wrongs of using it. If one of your or my photos was used as a significant part of another photographers published work, then I think we would feel agrieved. But I do not know the answer.

Have a look here

Q4 makes it fairly clear, as you had deliberately used part of the image I think you would be in breach of copyright.

Davex.

I think you are worrying unncessarily, I have a similar situation here link Elliott Erwitt has published a book called 'Museum Watching' (Phaidon) and even gives tips in photographing where it isn't allowed! link

Ken

I think John, yet again, has the right of it. I'd approach the museum for permission. At the vry least they could tell you how to proceed.

I was in the Saatchi gallery in London recently and asked what their photography policy was and was told I could do what I wanted, most museums only prohibit tripods and flash, for obvious reasons. I have always found people to be co-operative.

This isn't to do with Nathan's post. If you have any doubts about what you want to do just ask if it is OK. When you are told that it is you'll be much more relaxed and confident about your picture making.

The museum is the owner of the picture, not the artist (unless the picture is on loan), so the artist doesn't come into it.

If you are not making money out of your picture, and if you acknowledge the creator and owner of the original picture (artist and museum), then you really have nothing to fear, especially as the museum permits the exhibits to be photographed.

"Making money" would include indirect commercial use, such as using the picture to advertise a commercial event.

G

If a museum allows its exhibits to be photographed, then the last thing they will want is to have everybody ringing up and asking if they can show their photos to people. So I would suggest you DON'T contact them, unless you plan to make commercial use of the picture.

If they have a website, their policy might be shown on it.

G

THank you all for the replies.

I definitely don't intend to make money out of this, so that problem is eliminated.

One problem in this is that the canvas was in a special exhibit, and definitely on-loan to the museum (Tate Modern btw) so I guess they don't own the work, and it is still the artist's

I can't answer the question, but I just wanted to say I love the image you have come up with.

Have at look at Myth no 8, here
This aplies regardless of wether any money is made or not.

Davex.