RE: Re: Filming of sculptures

Robert's analysis sounds right. In addition to the "just happen to be in the background" type of shot, photographs that do not display the entire sculpture and do not focus on any distinctive features of them, but in which they perform the role of "prop" beside the human subject should be permissible. To the extent the sculptures are pictured during a walking tour of the campus I think they would fall within the sort of "public display of public works" exception which is specifically described in connection with architectural works. But if they are focused upon, I think Robert is correct, and permission should be at least sought.  

To be safe, you might want to contact the sculptor of her/his representative to request permission and offer to print credit for the sculptor.  

Michael R. Graham
This is not a legal opinion, but musings on copyright. Michael R. Graham -- Ne Oublie
Marshall, Gerstein & Borun LLP
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-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Bob Panzer
Sent: Thursday, August 24, 2006 5:25 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Filming of sculptures

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

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