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Twist on the right to take photographs in public
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Aug 21, 2017 09:26:09   #
rpavich Loc: West Virginia
 
AzPicLady wrote:
I show my work at art fairs and shows. If someone came up and asked if they could photograph my work because they liked it, I would request that they purchase it from me. If they're doing it for a newspaper, I would ask to see their credentials. I put my work out for sale to make back some of the expense of making it. Someone photographing it is stealing in my book - they're trying to get my work for nothing. Why should I allow them to do that? And why am I the bad guy for asking them to not steal my work?
I show my work at art fairs and shows. If someone... (show quote)


When you say "steal" your work what exactly do you think that they are going to do? What is their plan...exactly?

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Aug 21, 2017 09:43:59   #
cactuspic Loc: Dallas, TX
 
It may not be illegal to take the picture; but it may be a violation of copyright law to display it, post it, publish it, or sell it.

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Aug 21, 2017 09:44:37   #
rpavich Loc: West Virginia
 
cactuspic wrote:
It may not be illegal to take the picture; but it may be a violation of copyright law to display it, post it, publish it, or sell it.


It isn't.

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Aug 21, 2017 09:51:03   #
usnpilot Loc: Ft Myers Fl
 
rpavich wrote:
It isn't.


Prove your statement.

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Aug 21, 2017 09:55:44   #
jmvaugh Loc: Albuquerque
 
If instead of an art fair it was a photography display in a public park, I'm sure the participating photographers would get very upset if someone wandered around snapping pictures of their beautiful prints and ignoring the signs saying "No Photographs". Legal or not, it's not fair. I think we should respect the artists' wishes.

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Aug 21, 2017 09:56:16   #
rpavich Loc: West Virginia
 
usnpilot wrote:
Prove your statement.


I stand corrected. It is if you get caught taking the photo and the artist wants to pursue it.

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Aug 21, 2017 09:57:59   #
lesdmd Loc: Middleton Wi via N.Y.C. & Cleveland
 
rpavich wrote:
Again, I disagree that just because someone doesn't want you to do anything that doing it automatically means you are rude.

Example. I'm now requesting that you never post here on the 'hog again and if you do, you are automatically rude.


Does that follow?


No, because not posting affects me but has very little effect on you.
A better example would be if you asked people to stop saying nasty things about you it would be rude of them to not stop.

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Aug 21, 2017 09:59:26   #
rpavich Loc: West Virginia
 
lesdmd wrote:
No, because not posting affects me but has very little effect on you.
A better example would be if you asked people to stop saying nasty things about you it would be rude of them to not stop.


So you arbitrarily make up another rule; that it has to have a "certain effect" on me otherwise you don't have to follow it.

Does anyone have any idea how to think rationally anymore?

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Aug 21, 2017 10:07:52   #
Reinaldokool Loc: San Rafael, CA
 
AzPicLady wrote:
I show my work at art fairs and shows. If someone came up and asked if they could photograph my work because they liked it, I would request that they purchase it from me. If they're doing it for a newspaper, I would ask to see their credentials. I put my work out for sale to make back some of the expense of making it. Someone photographing it is stealing in my book - they're trying to get my work for nothing. Why should I allow them to do that? And why am I the bad guy for asking them to not steal my work?
I show my work at art fairs and shows. If someone... (show quote)


That hardly follows. If someone photographs your work as the subject and in isolation, it might indicate an intent to copy it, but not necessarily. But if someone photographs an art show and your work simply appears in her photographs, she is not stealing your work. If your work appears in a public space, you certainly have the right to ask people to purchase it, but they do have the right to photograph it without your permission. If they then use that photograph commercially, you are entitled to compensation or even to prohibiting that use.

This is settled law in the US, perhaps not elsewhere.

I understand this is inconvenient for an artist--in fact, downright infuriating perhaps--but I have had this explanation from several attorneys and there was not a disagreement among them.

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Aug 21, 2017 10:12:14   #
jerryc41 Loc: Catskill Mts of NY
 
rpavich wrote:
It's not a crime to disobey a sign. If you aren't committing an actual crime, you won't get arrested. If someone has an event of private property and posts "no cameras allowed" the best they can do is ask you to leave. If you do you are good to go. If not, you will be guilty of a misdemeanor trespass.

If it's public property, sign or no sign, you aren't committing a crime.


See if you can find the post from two days ago about a UHH member in a park who was threatened by the police - to be arrested and have his picture in the newspaper - if he didn't surrender his SD card. Just because you didn't do anything wrong, that doesn't mean the police won't arrest you. They have a badge and a gun, so they do whatever they want. The admission of a mistake by the police department comes much later.

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Aug 21, 2017 10:24:34   #
Marionsho Loc: Kansas
 
jerryc41 wrote:
See if you can find the post from two days ago about a UHH member in a park who was threatened by the police - to be arrested and have his picture in the newspaper - if he didn't surrender his SD card. Just because you didn't do anything wrong, that doesn't mean the police won't arrest you. They have a badge and a gun, so they do whatever they want. The admission of a mistake by the police department comes much later.


Yeah, you might beat the rap, but you won't beat the ride.

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Aug 21, 2017 10:44:18   #
johnbee418 Loc: Manchester Conn.
 
I would be very interested to see an opinion posted here by a judge. I would bet all the above quotes
are not by lawyers or judges,

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Aug 21, 2017 10:47:22   #
fetzler Loc: North West PA
 
It would seem to that photographing art work would be OK provided the artwork is only part a scene that captures the ambiance of the day. If the photo is a copy of an artwork that might be used to make reproductions of the artwork then there would be a problem. If the photo is published then credit the artist.

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Aug 21, 2017 10:47:34   #
via the lens Loc: Northern California, near Yosemite NP
 
repleo wrote:
I am sure the artist would be happy to sell you a copy if you find their work that inspiring.
That's the way it is supposed to work.



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Aug 21, 2017 10:53:54   #
dsmeltz Loc: Philadelphia
 
I think some photography here is still protect-able. If you are taking pictures of the venue that happens to have a work within the frame that seems OK to me. However, a picture of just the work is different. It is sort of like a street photographer taking a picture that includes people vs a shoat where the person is obviously the subject.

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