A person A creates 3D dioramas, which they display publicly outside their shop. These are displayed on a temporary basis, replaced by new dioramas every few months. Is it legal for a second person B to photograph the diorama and then sell their photos without permission from (or knowledge of) A? This is in the UK.
3
-
2nd question. This publicly displayed diorama, was it paid for by public funds? Or paid for by the owner of the shop.– QuestorCommented Apr 20, 2023 at 16:12
-
@Questor That question provides a US perspective, which might be helpful, though I'm not sure if the UK rulings would be difficult. The diorama is paid for by the shop owner. I've found a site which claims permanently displayed public art is an exception to usual copyright rules: dacs.org.uk/knowledge-base/factsheets/… But this case has temporarily displayed artwork.– ShowsniCommented Apr 20, 2023 at 18:31
-
Okay, that differs a lot from the US... where art that has been placed in public view is not "public property" and the artist does not give away their copyright by making their art publicly available.– QuestorCommented Apr 20, 2023 at 19:14
Add a comment
|
1 Answer
It depends.
It could be legal
It is legal based in the UK to take pictures of someone else's sculptures.
Artists who create sculptures or works of artistic craftsmanship on permanent public display or in premises which are open to the public will find that their work may be reproduced without their permission in certain formats without infringing their copyright.
Photographs, film, and paintings are all considered legal formats that do not infringe on copyright.
It could illegal
It is not legal to copy an original paintings (eg murals), drawings, engravings or photographs. If the 3d diorama contains any of the above then photographs of the 3d diorama that contain the original paintings, drawings, photographs etc... would violate the copyright of the original owner.
Either way
Being an artist is hard, there is a reason that "Starving Artist" is a common trope. While it is possible that this is legal in the UK, it is not particularly ethical.
Note
This differs greatly from US copyright laws.
