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!
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!