QUESTION

When I photograph a public sculpture, can I sell the photograph as a fine art print?

Asked on Feb 24th, 2014 on Intellectual Property - New York
More details to this question:
The sculpture is in a public park
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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Copyright does not just protect against exact copying of a work, it also protects against copying of the work with minor modification. The latter is known in copyright law as derivative works. Turning a book into a movie is regarded as a derivative work and doing so without the permission of the owner of the copyright on the book would be copyright infringement. Similarly, if the sculpture is copyrighted (e.g., the Statute of Liberty copyright has expired), photographing the sculpture can be regarded as creating a derivative work and selling the photograph to profit from the artistic value of the sculpture could get you an infringement suit from the copyright owner. Good luck, Todd
Answered on Feb 25th, 2014 at 9:22 AM

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