Public Sculpture Copyright Law

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Does anyone know if http://www.artquest.org.uk/artlaw/copyright-now/public-sculpture.htm is accurate with regards to UK copyright law of photographs of public sculpture/artwork?

Relevant passages:

"Under UK copyright law, there is specific statutory provision made for sculptures permanently situated in a public place or to which the public has access. It is one of the clearest exceptions to the basic copyright position (that no-one can reproduce copyright work without the express consent of the copyright owner). Just like works of architecture under UK and US copyright law, outdoor sculptures under UK law can be reproduced two-dimensionally, even be filmed or broadcast/transmitted, without the copyright owner's consent; and such reproductions can also be used commercially without consent.

Consider this example of an outdoor sculpture that a UK artist was recently commissioned to produce and site in the UK. The artist owns the sculpture and is responsible not only for the artistic creation but for all legal liability relating to it.

The work is highly visible from nearby public roads and, just like Charging Bull, it has been adopted by the public as a treasured local icon. As a result, many public and private organisations are either already using, or would like to use, images of the sculpture for commercial or promotional projects. In this case, in the UK, all two-dimensional uses of the sculpture do not need the artist's consent, do not therefore breach copyright in the work - because it is permanently situated in a public place where the public can see it (that was the artist's intention) - and can therefore make two-dimensional versions of it. However, the makers of such 2D images are obliged to publish an acknowledgement of the author of the work when they make and issue such reproductions, whether doing so on a commercial or non-commercial basis. Furthermore, the makers of such 2D images must not publish such reproductions that treat the sculpture in a derogatory manner - they cannot add to, alter, amend or delete anything from the image of its original shape and form - so as to damage the integrity and reputation of the sculpture and its author. The right to object to derogatory treatment, and the right to be acknowledged as author, both derive from artists' statutory moral rights brought into UK law by the Copyright, Designs and Patents Act 1988. "


Thanks!
 
The author, Henry Lydiate, should know his stuff, and I'm not qualified to argue though, like you I imagine, I find aspects of this article surprising.
 
It is in a public place and you are in a public place. Take as many pictures as you like!
 
Yep, I'm just particularlu interested in the "outdoor sculptures under UK law can be reproduced two-dimensionally, even be filmed or broadcast/transmitted, without the copyright owner's consent; and such reproductions can also be used commercially without consent." part as I want to use some photos of public outdoor sculptures in a commercial book.

The Copyright Act 1988 states:

62 Representation of certain artistic works on public display

(1) This section applies to—

(a) buildings, and

(b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.

(2) The copyright in such a work is not infringed by—

(a) making a graphic work representing it,

(b) making a photograph or film of it, or

(c) broadcasting or including in a cable programme service a visual image of it.

(3) Nor is the copyright infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of the copyright.


However I'm wondering if "issue to the public of copies" = even commercial.
 
It sounds wrong to me, if it's true then if the statue fell on somebody the artist would be liable? even though he may not still own it or the land it's on.
 
how so swansea male, it is only talking bout copyright which always stays with the artist unless they decide to sell it?? the actual sculpture would have been commisioned and bought by someone else. just mention the artist in the book.
 
It sounds wrong to me, if it's true then if the statue fell on somebody the artist would be liable? even though he may not still own it or the land it's on.

In this case it's quite clear.

"Consider this example of an outdoor sculpture that a UK artist was recently commissioned to produce and site in the UK. The artist owns the sculpture and is responsible not only for the artistic creation but for all legal liability relating to it."
 
The operative part is
"The artist owns the sculpture and is responsible not only for the artistic creation but for all legal liability relating to it.
 
The operative part is
"The artist owns the sculpture and is responsible not only for the artistic creation but for all legal liability relating to it.

The clue is 'the artist owns the statue'. If the you own soemthing, you are responsible by law for it. If anything you own causes injury to someone else you could potentially be liable.
 
The operative part is
"The artist owns the sculpture and is responsible not only for the artistic creation but for all legal liability relating to it.

Read the whole quote. The artist was commissioned to produce and site the sculpture. It's his sculpture, and he has sited it.
 
Ah, but I'm not a business. :) I'm just checking... :)

I don't have a problem with the quote in your OP Xarra.

Copyright exists to protect the artist as the original creator, from people who might try to copy their work and try to pass it off as their own. This is clearly not the case with you, but for the avoidance of doubt the artist has the moral right to a credit.

This unusual clause seems to me to be clarifying what you can do in terms of photography, rather than what you cannot with some works of art. It is saying you have more freedoms with a sculpture than you would with a straight image of a painting for example, which is pretty much a no-go area for photography if you are to truly avoid any breach of copyright.

The way it reads to me is, since this is a 3D sculpture, you can photograph or film it with more freedom than you might with other works, because there is no way that a photograph in itself can be seen in any way to be trying to take any credit for the original art, it is not trying to copy it, or pass itself off as anything remotely like it. But otherwise, it is still subject to moral rights in terms of credit, derogatory and misrepresentation etc.

Personally, if you are not going to do anything likely to offend the artist, I wouldn't worry about it for a moment.
 
It sounds wrong to me, if it's true then if the statue fell on somebody the artist would be liable? even though he may not still own it or the land it's on.

I can think of two recent examples where the creator of the work has been held liable for damage - or at least pursued for liability. One was the B of the Bang in Manchester where it fell in to dispute between the artist and the people who'd built it, and the other the inflatable 'sculpture' that took off and killed two people.
 
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