Microstock Photography Forum - General > Newbie Discussion
street art usually editorial, but some agencies accept them for commercials
Copidosoma:
--- Quote from: kall3bu on October 07, 2020, 02:17 ---
If the artist of the street art makes problems, who will get the problem? Me, or the agencies who accept them for commercial?
--- End quote ---
Do you really think that any of these agencies are actually going to cover the expense of defending you against a copyright claim?
I think you know the answer to your question.
noelbennett235:
Another take on this issue-Builder destroyed the artworks of 21 graffiti artists
https://www.nytimes.com/2020/10/06/nyregion/graffiti-artists-5pointz.html?action=click&module=News&pgtype=Homepage
Uncle Pete:
--- Quote from: noelbennett235 on October 07, 2020, 16:54 ---Another take on this issue-Builder destroyed the artworks of 21 graffiti artists
https://www.nytimes.com/2020/10/06/nyregion/graffiti-artists-5pointz.html?action=click&module=News&pgtype=Homepage
--- End quote ---
I wonder why they wouldn't hear the case?
"For the most part, graffiti is considered a crime. Thus, if someone has put graffiti on your property, the first thing to do is call the police and report it. If the graffiti was placed with permission, however, and the new owner wishes to renovate and remove the art, it may be wise to consult with an attorney first to determine the legal rights of the respective parties involved. "
Here's another one: European Union’s intellectual property office has denied Banksy’s attempt to trademark his famous Flower Thrower image, saying that the mark is invalid.
https://www.plagiarismtoday.com/2020/09/21/3-count-banksys-copyright/
There are different interpretations and arguments. Let me say, the stock agencies don't want to be involved with the expenses or defense, so they will take the easiest path and refuse. Artists mostly wouldn't care and in fact would like to brag and show people their Spray Painting work. Others want to play the artist game, free speech, and sue if their criminal painting or drawing is used. It's all very twisted and complicated.
Personally I can't see any reason to shoot or upload graffiti. How much of a demand and market is there? Are the risks worth the reward?
kall3bu:
It is really a very sensitive theme we should avoid uploading.
I just uploaded the best images on different agencies, all set to editorial and most accepted as editorial.
Pond5 asked for model releases of the real persons in front of the street art/murals. Most of them i could release, but then we still have the problem with the artists right, cause it would be set commercial.
And indeed there cannot be a big market for it, because of the rights of the artists. Might be for some bloggers, who use the editorial version.
But from the beginning I am curious, if blogger are not able to take own images? Or are blogger also write about places they never visited? Strange for me.
However: I decided not to upload more of them and I found some images accidently got set commercial long time ago, when I did not know yet anything about the case. I will delete them.
Thank you to all, who answeres here.
Two things I took for me:
1. Any artwork on the image - do not upload them! Or: If a small part on the image, photoshop it away.
2. Look twice, if an image could be commercial or must be editorial cause of property issue. Upload them to the picky agencies first, if not sure. And look closer for Logos, you might see only on 200%, 100% could be not enough. And if there are Logos or other things to work on, think again, if the image is really that good, that the work is worth it.
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