RFF book/copyrighted art in photo - help!

[RJBender]

Interestingly, if you wanted to publish a photo of this sculpture in a book entitled "Public Eyesores" and include a statement that you think it's hideously ugly, copyright law couldn't touch you because "fair comment and criticism" are specifically protected.

If a lawyer tried to bluff you anyway, you could just say the magic words "Cherry Sisters" and he'd have to go away, unless he wanted to risk getting lectured by a judge for bringing a frivolous lawsuit.

Jlw, I think you would still need a lawyer on your behalf to say "Cherry Sisters" to the judge.

R.J.

 

[dmr]

Anish Kapoor is a dude. I never heard of him until I read DMR's post on Cloudgate a few months ago.

Hmmmm ... I'm surprised I missed this thread. I've been fascinated with this thing since the first time I saw it.

I've taken quite a few photos of this, some of them with the GIII, and as I was going thru the process of elimination deciding what I want to send in for The Book, I eliminated the ones of Cloud Gate just because I didn't want to deal with the issue. I do have tons of others I can submit which aren't encumbered by such nonsense.

The last time I was in that part of Chicago, last October, I stopped by to see how it was taking shape. The workers were polishing the seams on it and I took maybe 10 frames or so over the period of maybe 15 minutes. I wasn't the only one with a camera there, but it appeared that I had attracted the attention of a security guard there. LOL - Maybe it was that he thought I was watching him -- which I was. 🙂

I'm now inspired to sculpt something out of Illinois clay and call it Clodgate. 😀

LOL! 🙂

 

[DougK]

I ran into a similar issue with a couple of my photos I shot in a local gallery that I wanted to include in the book. Did I have permission to shoot the photos? Sure did... along with a verbal agreement with the gallery that I would not publish the photos for profit. They were OK with me posting them on a website or making some personal prints, but it was very clear that any other use/publication would require the permission of the artist. Fair enough, the gallery was acting to protect the artists' rights and I have no issues with that at all. I decided it was easier to circumvent the whole issue and choose different photos.

I think I've gotta side with Bill on this one. In this specific case, and given the notoriety of the scultpure, I would skip publishing it and go with a different selection unless you can obtain and document the artist's permission. It's a shame, too, very well done photo.

 

[RJBender]

Traditional publishers have liability insurance and commonly indemnify authors and editors who are not employees against such things. This is no such venture, there is no one to indemnify me. And I'm not asking anyone to - but I have to make my decisions based on that as well.

Bill,

I've heard that these indemnification clauses are responsible for authors avoiding controversial subject matter.

The proliferation of indemnity clauses, especially in the magazine world, appears to be another case of lawyerly overkill. Do not get caught without a flak jacket. Insist on modifying the contract terms until you feel the risk you are assuming is acceptable.

This book is only going to be distributed to RFF members but what happens if one gets sold on eBay by an ex-wife a few years from now?

Things are pretty laid back in NE Florida. Tom can have a what me worry attitude and may never have to defend his actions in court. However, this book will be distributed internationally.

PaulT seems to be the expert here and he is telling us to exercise caution. I agree.

R.J.

 

[f/stopblues]

For an update, I wrote Adamottavi Schiesl and Micah Hussey this morning asking permission or further info for the photo to be printed in the RFF book. I'm anxiously awaiting a response, though I'm sure it'll take a while. Thank you R.J. for the email contacts! I didn't really want to call, mostly because I don't have a clue how to pronounce their names 😕

Thanks again guys for all your thoughtful responses!

 

[DougK]

Good call, Chris, I think that's the way to go. Hopefully, they'll give you permission.