Legal Question in Intellectual Property in New York
copyright of a photo
I have taken a photo of a statue
owned by X. This statue is in the
front yard of X, in full view from the
public sidewalk which is where I
stood while taking the photo.
I want to use this photo on the back
cover of a CD I am producing.
I am in NYS
2 Answers from Attorneys
Re: copyright of a photo
Your fact pattern is incomplete. If the statue is a generic design (e.g., a realistic-looking animal, "gnome," jockey, etc.) you're probably okay.If the statue is a unique work of art you should either get permission from the copyright owner or you will be taking a risk. Buildings are usually safe subjects but artwork isn't.
Re: copyright of a photo
Mr. Mark knows his stuff. The risk depends in part on whether the owner/artist would recognize from the photo that it is of their statue. Sometimes people use photos for album art and a mother wouldn't be able to recognize their own child.