Dear cni-copyright list,
An art historian brought up the following situation:
A photographer trespasses on private property and photographs an artist's works -- in this case the works are landscape sculpture, a kind of earthwork. Presumably the artist's works are under copyright in the same way that a golf-course or a garden design is copyrightable. Over the objections of the artist, can the photographer display his photographic images to the public? They are not being published.
I'm assuming that these photographs will be displayed in an exhibit devoted to earthworks, and that there might be a good "fair use" argument here. But, fair use aside, where does the right of display end in situations like this? Can the photographer sell these images?
Would the answer be any different if no trespass was involved?
Robt Baron
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