Author Topic: How to find out copyright info about a statue? (Read 5611 times)

traveler1116 · « **on:** September 30, 2010, 12:43 »

I had an image rejected at IS because of copyright, they told me that even though the creator of the statue died over 75 years ago the copyright could have passed to his estate. The statue is of the strauss monument in vienna, austria and was created by Edmund Hellmer who died in 1935. The statue is in a public park and as far as I know has always been there. How can I find out if the copyright passed to his estate, if this is in fact possible and if it did does that mean some art or literature, etc can be copyritten for ever?

Snufkin · « **Reply #1 on:** September 30, 2010, 13:02 »

If it is in public space, it seems to me that Freedom of Panorama applies:
http://en.wikipedia.org/wiki/Panoramafreiheit
According to the German Wikipedia, the Austrian law is even more photographer-friendly than the German law.

Nevertheless, many sites are overcautious and reject stuff that is perfectly safe. I tried to explain once and then the image got rejected because of artefacts, composition or whatever.

BTW, I think the agencies should lobby for similar laws in other countries.

traveler1116 · « **Reply #2 on:** September 30, 2010, 13:08 »

That's interesting. I don't know how IS would take that though? This is the reason they gave why it was rejected:
"I have checked with the Compliance Enforcement and Content team and they said “Even thought the creator of the statue may have passed away in 1935, it is highly likely that the copyright protection would be passed along and granted to the estate of the creator. We feel the risk is too high to allow this image in the collection. As you may be aware legal requirements are ever evolving and we are continuously reviewing the content on our site to ensure the highest level of protection for all parties concerned. “"(my bold)

I didn't realize that copyright could be passed on and then extended as I assume would have to be the case here.

Snufkin · « **Reply #3 on:** September 30, 2010, 13:15 »

Austrian copyright law:

„Werke der Baukunst nach einem ausgeführten Bau oder andere Werke der bildenden Künste nach Werkstücken, die dazu angefertigt wurden, sich bleibend an einem öffentlichen Ort zu befinden, zu vervielfältigen, zu verbreiten, durch optische Einrichtungen öffentlich vorzuführen, durch Rundfunk zu senden und der Öffentlichkeit zur Verfügung zu stellen; ausgenommen sind das Nachbauen von Werken der Baukunst, die Vervielfältigung eines Werkes der Malkunst oder der graphischen Künste zur bleibenden Anbringung an einem Orte der genannten Art sowie die Vervielfältigung von Werken der Plastik durch die Plastik.“
– § 54 Abs. 1 Z 5 UrhG (Source: German Wikipedia)

Basically, if a building or work of art is permanently in public space, you can create and distribute its images.
You cannot: build copies of buildings, create copies of paintings, etc.

As I understand it, a 2-dimensional image of a 3-dimensional work of art is not considered a copy, and therefore there is no copyright infringement. Creating an image of an image or a copy of a sculpture would be an infringement.

traveler1116 · « **Reply #4 on:** September 30, 2010, 13:17 »

Thanks I'll send this over to them to see what they say. I don't think they will accept it though but it's worth a shot.

bittersweet · « **Reply #5 on:** September 30, 2010, 13:20 »

Another consideration is often whether the item in question is the main subject of the photo, or just happens to be a part of the overall composition.

traveler1116 · « **Reply #6 on:** September 30, 2010, 13:22 »

I would say for all the images it's 95-100% of the image.

pet_chia · « **Reply #7 on:** September 30, 2010, 14:23 »

So what's the cutoff for pictures in which the main subject is a classic/antique automobile, e.g. which has no significant customization or other unique modifications? Is a 30 year old model OK? 50 year old? Are there any hard rules at any stock agencies or do individual inspectors just wing it?

traveler1116 · « **Reply #8 on:** October 01, 2010, 04:11 »

Quote from: pet_chia on September 30, 2010, 14:23

So what's the cutoff for pictures in which the main subject is a classic/antique automobile, e.g. which has no significant customization or other unique modifications? Is a 30 year old model OK? 50 year old? Are there any hard rules at any stock agencies or do individual inspectors just wing it?

I think IStock was fairly clear about that issue (http://www.istockphoto.com/article_view.php?ID=413&Page=2), I'm not sure what the other sites say.

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Author Topic: How to find out copyright info about a statue? (Read 5611 times)

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