WetCanvas
Home Member Services Content Areas Tools Info Center WC Partners Shop Help
Channels:
Search for:
in:

Welcome to the WetCanvas forums. You are currently viewing our boards as a guest which gives you limited access to view most discussions, articles and access our other FREE features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload your own photos and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!

If you have any problems with the registration process or your account login, please visit our help center.

Go Back   WetCanvas > The Art Business Center > General Art Business > Legal Corner
User Name
Password
Register Mark Forums Read

Salute to our Partners
WC! Sponsors

Our Sponsors
Reply  
 
Thread Tools Display Modes
  #1   Report Bad Post  
Old 09-04-2011, 11:35 PM
MrsG_SoCal's Avatar
MrsG_SoCal MrsG_SoCal is offline
Enthusiast
San Diego County
 
Join Date: Aug 2007
Posts: 1,278
 
Hails from United States
Painting Public buildings rights?

I took a picture of a local business in my home town and painted a picture of it. It was on my website - stupidly without a copy write watermark. The business has taken my image and is now using it on their website, altering it with their shop info.

I sold the painting to a friend.

Question: Does the shop own the rights to their shop image? Do I have any rights to my representation of their shop image??
__________________
My website here.
Reply With Quote
  #2   Report Bad Post  
Old 09-05-2011, 03:17 AM
Yorky's Avatar
Yorky Yorky is online now
Administrator
ORMSKIRK, Lancashire
 
Join Date: May 2000
Posts: 72,419
 
Hails from United Kingdom
Re: Painting Public buildings rights?

You own the copyright to the painting.

You could ask a fee for their use of your copyright image.

Doug
Reply With Quote
  #3   Report Bad Post  
Old 09-05-2011, 09:53 AM
Greg Long's Avatar
Greg Long Greg Long is offline
WC! Guide
I am as excited as a chameleon in a bag of M&M's
 
Join Date: Aug 2003
Posts: 9,760
 
Hails from Ireland
Re: Painting Public buildings rights?

They cannot use your art without permission. As Doug said, offer to license the image to them.
__________________

Art by Greg Long . My Blog -- Business questions? Want ideas? Why not come join us in the Art Business Forum
Reply With Quote
  #4   Report Bad Post  
Old 09-05-2011, 11:54 AM
MrsG_SoCal's Avatar
MrsG_SoCal MrsG_SoCal is offline
Enthusiast
San Diego County
 
Join Date: Aug 2007
Posts: 1,278
 
Hails from United States
Re: Painting Public buildings rights?

Appreciate the response all. I assumed I had the rights to my painting, however I was unsure of his rights since I painting it without asking.
__________________
My website here.
Reply With Quote
  #5   Report Bad Post  
Old 11-16-2011, 12:10 PM
Bluegill's Avatar
Bluegill Bluegill is offline
Veteran Member
Louisville, Kentucky
 
Join Date: Mar 2004
Posts: 932
 
Re: Painting Public buildings rights?

Mrs G, I hope you'll post a follow-up; did you ask the business about this? Did they pay you?
Reply With Quote
  #6   Report Bad Post  
Old 12-15-2011, 02:53 PM
Rusalka's Avatar
Rusalka Rusalka is offline
Veteran Member
Midwest
 
Join Date: Apr 2004
Posts: 702
 
Hails from United States
Re: Painting Public buildings rights?

The shop has no rights whatsoever. You do not need to ask permission to paint or photograph something seen from the public way.
Reply With Quote
  #7   Report Bad Post  
Old 03-17-2012, 11:27 AM
mastermesh mastermesh is offline
New Member
 
Join Date: Dec 2011
Posts: 44
 
Re: Painting Public buildings rights?

When was the building built? I can't remember the law or whatever, but somewhere, I remember reading that buildings built up to a certain time (think it was in the 1990s?) were basically public domain before that time, but after it became 'copyrighted' sort of by the architect.
Reply With Quote
  #8   Report Bad Post  
Old 06-01-2012, 04:50 AM
Rusalka's Avatar
Rusalka Rusalka is offline
Veteran Member
Midwest
 
Join Date: Apr 2004
Posts: 702
 
Hails from United States
Re: Painting Public buildings rights?

Quote:
Originally Posted by mastermesh
When was the building built? I can't remember the law or whatever, but somewhere, I remember reading that buildings built up to a certain time (think it was in the 1990s?) were basically public domain before that time, but after it became 'copyrighted' sort of by the architect.

That is incorrect. That may apply to architecture or architectural plans, but that's not what is being discussed here.

From http://en.wikipedia.org/wiki/Copyrig..._United_States

" First, when a building is ordinarily visible from a public place, its protection as an "architectural work" does not include the right to prevent the making, distributing, or public display of pictures, photographs, or other pictorial representations of the work.[13] Thus, the architect will not be able to prevent people from taking photographs or otherwise producing pictorial representations of the building."
Reply With Quote

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -4. The time now is 11:31 AM.


© 2014 F+W All rights reserved.