Re: Re: Filming of sculptures

My own view is that two-dimensional photos are never "reproductions," or substantially similar copies of protected works. They are only arguably derivatives, but not much more so than an evocative written description. In essence, the photo appropriates the idea, but not the expression. It "portrays" the expression -- it doesn't copy the expression. But that's if I was King. In reality, this will almost always come down to whether you are making money on the photos. Applying the fair use analysis, you have a creative work, entitled to the fullest protection of copyright, which argues against fair use. On the other hand, however, the purpose of the "copying" is wholly transformative; it copies only one composition of one aspect out of an infinite variety of compositions and aspects; and it has no affect on the market for the protected work. If the photos are offered for sale, it gets to be a close case because it has an arguable effect on the market for derivatives licensed by the sculptor, but even then there's an important difference between a book about sculptures in public spaces, and a framed photo of a single sculpture that is not available for anybody to see for free.

John Noble

At 6:25 PM -0400 8/24/06, Bob Panzer wrote:
>This is a difficult question with no right or wrong answer. IMO, if
>the sculptures just happen to be in the background of a given scene,
>then it is likely to be fair use. If the camera comes in close to
>any of the sculptures implying that the point of the shot is for
>the viewer to be able to note the sculpture specifically, or perhaps
>if any people are shot standing next to or on the sculptures for
>specific effect, then I believe it would be prudent to clear rights
>with the copyright owners.
>
>Sincerely,
>
>Robert Panzer
>Executive Director
>
>VAGA (Visual Artists and Galleries Association, Inc.)
>350 Fifth Avenue
>Suite 2820
>New York, NY 10118
>Tel: 212 736 6666
>Fax: 212 736 6767
>rpanzer[_at_]vagarights.com
>
>From: CNI-COPYRIGHT -- Copyright & Intellectual Property
>[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Kathy Tadlock
>Sent: Wednesday, August 23, 2006 2:46 PM
>To: CNI-COPYRIGHT -- Copyright & Intellectual Property
>Subject: [CNI-(C)] Filming of sculptures
>
>On the WWU campus, there is an extensive collection of outdoor
>sculptures. A film crew is coming to campus to film a short piece
>(four minutes) about some WWU athletes. They will be taking a
>walking tour of campus. The producer is interested in including some
>of the sculptures in the film.
>
>Does permission need to be requested to include the sculptures in
>the filming? For some sculptures, there are existing limited
>copyright agreements for web use and print reproductions.
>
>Kathy Tadlock
>Support Services, Publishing Services
>Wilson Library 564
>Western Washington University
>Bellingham, WA 98225-9127
Received on Mon Aug 28 2006 - 23:55:45 GMT