copyright ?

[jann1033]

hate to open this can of worms but...

I'll be at a garden this weekend that also happens to be running a display by a famous glass artist. It looks like the works are scattered about throughout the space. since they don't mention anything about photos on their website, i emailed the garden and asked about any photo limitations. they have none, just asked if i use a tripod if I'd be careful not to block any paths. then i started wondering the above since i didn't specifically mention the glassware. I didn't know it was there at the time and specifically i was asking about a light program they have and just general photos. he said photos are fine, i did mentioni have a site i sell photos on specifically so he knows they are not for personal use solely . so i'm since the glassware is on public display there and I have permission to take photos on their property, if that would include any photos with it or not.
i know most galleries etc ask you not to photograph but not sure how copyright would apply in a case like the above. the guy is pretty well know ( Dale Chihuly) and i looked on his website but nothing about that particular installation.
would it be enough of a "difference" that copyright wouldn't apply ( ie obama poster vs photo)?
opinions are fine but if anyone knows "facts" those would be the most helpful. I could just email again but it took a few days for him to respond and we leave tomorrow .
thanks

 

[YesDear]

I have to ask the question. What would you do with the prints? Are you planning on selling them?

 

[Chikabowa]

There is a hotel local to me that I always want to shoot some sessions. However, unless I'm contracted for a wedding, I'm not allowed to shoot there. The hotel is filled with glass art from Dale Chihuly (the Museum of Glass and all the Chihuly work is local to me) and it is against the artist copyright to shoot there.

However, throughout town and especially near the museum, there is public glass art that you can shoot. If you plan on selling these photos, I think you have an obligation to dig a little deeper and make sure that it REALLY is ok to do so. If you find out it is, more power to you.

 

[MICKEY88]

more than likely selling the prints would be a no no, why buy his glasswork if you could buy a photo of it much cheaper,

perhaps ask yourself this question, would you want people selling photos of your photos{your artwork}

 

[jann1033]

that's pretty much what i thought when i found out the exhibit was there.
it's been there a while so i would have thought the guy i emailed would have thought of it but maybe since i just asked specifically about the light show and general shots it skipped his mind as well. I specified i might sell them, included a link to my site so he should have understood that but you never know I'll either ask when i get there or probably just leave them out to be on the safe side.

 

[jann1033]

There is a hotel local to me that I always want to shoot some sessions. However, unless I'm contracted for a wedding, I'm not allowed to shoot there. The hotel is filled with glass art from Dale Chihuly (the Museum of Glass and all the Chihuly work is local to me) and it is against the artist copyright to shoot there.

However, throughout town and especially near the museum, there is public glass art that you can shoot. If you plan on selling these photos, I think you have an obligation to dig a little deeper and make sure that it REALLY is ok to do so. If you find out it is, more power to you.

is this his work as well? i was kind of surprised under the installation list on his site i didn't see anything about photos so i wondered if it's the venues' decision but it doesn't sound like that if it's copyrighted at the hotel.

at one time i figured you could just take something on public display but recently i learned you can't sell photos of the rock hall of fame ( trademark or copyright, don't remember which off the top of my head, they have prosecuted in the past) which is definitely on public display/public property you can take it from so it's kind of hard to know what you can and can not take

i haven't been to the place yet but it looks like it's scattered all over the place ( ie in some photos they have online they have some spheres in a koi pond, amongst palms etc.) i am thinking anything with a wider angle might be hard not to get some in but i guess if worse came to worse and i can't avoid it i can try to photoshop it out.

 

[Chikabowa]

Well, Chihuly was born and raised in Tacoma, WA (which is about 15 minutes from where I live), so there is a lot in terms of 'give back' that he has done with that community. And the revitalization of the downtown started with the building of the Museum of Glass, a light rail system, introduction of the University of Washington satellite campus, etc. A lot of the work displayed outdoors is work of his own and his students and things that have been donated to the city. It's part of the beautification process.

However, the higher-end hotel that I love is there, and many of the pieces there are part of the overall art aesthetic of the hotel. Very valuable glass, paintings and other art. I believe a lot of it is for sale. I wanted to reserve a room for a shoot (one of my photography brands is boudoir - I don' link it on this site since it's not appropriate, but if you'd like to see, PM me and I'll send you to my other website) but they've told me, time and time again, that only contracted wedding photographers are allowed to shoot in the hotel due to the amount of art.

I also did an editorial engagement shoot for a local magazine at the Tacoma Art Museum (which is right next door to the museum of glass). I know between the publisher of the magazine, the museum, and the artists, there was a lot of paperwork needing to be signed since all the art is copyrighted - and I wasn't even taking pictures of the art in particular, my subjects where the couple. But since the art was secondary, as was the museum, there were a lot of legal ramifications.

I highly doubt that the person with whom you contacted fully understood your question. When you present it as "I might be selling some photos" it's hard for people to know exactly what you are doing. When you say "I"m such-and-such Photography, my tax ID is #00-00000, I am doing a commercial shoot with models (or I'm doing a private shoot with a privately paying couple who intend on purchasing prints)." It just becomes an entirely different ball game all together.

 

[fitzperry]

Here's a link you might find helpful: http://www.wipo.int/sme/en/documents/ip_photography.htm#1.1

Wrt the R&R Hall of Fame, I think it was a trademark claim, and I think the appellate court rejected it, but don't quote me on that (unless, of course, I'm right).

 

[jann1033]

just an update..we ended up not going there after all so i still don't know for sure ( football game = way to much traffic to deal with on Sat then a special event there on Sunday= to expensive to go for a hr or so.) we may go back to the area in Oct so maybe then I'll go

thanks for the link Jen. definitely helped and i bookmarked it. so it looks like if, in that case, it was something maybe out of focus or obviously in the background i wouldn't really have to photoshop it out.

plus it also mentioned it's the agent or artist who gives permission so i guess it really makes no difference at all what the venue says anyway. guessing that is also why there are so many "temporary " exhibits that are there for what seems forever