Re: copyright

From: Barry Kleider ^lt;>
Date: 03/30/05-11:18:13 PM Z
Message-id: <>

And? Don't leave us hanging! What did you say?

Barry wrote:

> I ran into a similar situation a few years ago at Torrey Pines State
> Park in California. The Park Ranger noticed all the camera equipment
> in my car and told me that the State/Park retains the "copryright" on
> the trees there (they only grow in this one tiny coastal area of
> California) and that photographers are not allowed to take photographs
> of them for any type of commercial work, including art work they would
> sell without paying a licensing fee.
> Mark Nelson
> Precision Digital Negatives <>
> In a message dated 3/30/05 8:42:22 AM, writes:
>> Public area is public area. Commercial use is commercial use. Both
>> of these terms (or concepts) have been defined in the law and several
>> recent cases have tested the limits of these concepts.
>> We have a similar problem brewing with the "Cloud Gate" sculpture
>> here in Chicago...the sculpture is in public area but the artist
>> seems convinced that he retains all rights to any reproduction of
>> it. There have been several instances that I know of where the
>> owners of distinctive buildings have tried to have the buildings
>> declared "intellectual property" and fell that they, therefore, have
>> the right to restrict or charge fees for any use of images of the
>> building including those taken from public areas. Anyone who has
>> done commercial work is aware of their responsibility to obtain the
>> proper releases for the reproduction of property not their own which
>> is used in a commercial application. Where is the line between what
>> is "commercial" and what is "editorial" or "educational" or "art"?
>> Consult "Arrington v. the New York Times" for an exhaustive
>> discussion of this distinction.
>> The creation of any artwork beyond a self-portrait will become
>> impossible if this gross stupidity is allowed to continue.
>> And you might be sued by your parents for the self-portrait when they
>> declare your face their intellectual property or a composite
>> arrangement of their own features.
>> best
>> argon
Received on Wed Mar 30 23:19:04 2005

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