Sculpture in the public view

Section 120 grants the right to distribute photographs of copyrighted buildings and architecture that are within public view. Is there any provision or understanding that governs similarly placed sculpture?

Let's say a photographer sells a photo of a city scene that contains public sculpture that is still in copyright. Must he acquire rights from the copyright holder to do this, or will the image of the sculpture be likened to architecture in this case?

What if the subject of the photograph is specifically the publicly placed sculpture?

What if the sculpture is privately owned, placed on private land, but can be seen from a public space? In general, at what point do the rights of the artist/owner supersede the rights of the public in such cases?

Robert A. Baron
rabaron[_at_]pipeline.com Received on Tue Jul 29 1997 - 20:16:18 GMT