Help needed – Copyright Issue

October 31, 2009

These days I have come across following problem:

a customer wants to buy a print of one of my photos. The photos are detail shots of a public artwork, an iron statue by Eduardo Chillida, created in 1997, his last. What fascinated me so very much regarding this statue was the transformation of the iron surface into some magnificent rusty colours created by nature, wind, rain, sunshine etc. with a very subtle pattern. I have processed and enhanced these photos digitally to emphasize the beauty of a rusty surface.

Can I sell these prints legally or would this be copyright infringement? I mean these are my own original photos but of an artwork by someone else. What is the legal regulation of such an issue?


Through the help from WetCanvas I am answering this myself: I am not going to sell these prints as I might run into troubles. So if anyone else runs into the same question – check out these links which have been provided by WetCanvas forum members:

Who owns public Art? by Kelly Kleiman

The Public’s Right to look? by Joshua Kaufmann

If you should know about more articles which describe this problem please let me know – thank you!



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