Friday, 24 August 2012
Hello again,
Just to recap from my previous blog.
If I take a picture of the NELSON MANDELA statue, I without
doubt have the copyright.
If I put up a picture of a statue at one of the photography or camera clubs, I will be told that it is a picture of someone else’s work and given no award.
If I do something with the picture of the statue, the work
becomes mine.
I don’t need a model release to take the picture.
It is a statue!
Remember I didn’t make the sculpture.
The questions I asked last time are:-
1)
Having taken a picture of a statue can I publish
it?
2)
Can I print a zillion T-shirts and sell them?
Answer 1.
Question:- Having taken a picture of a statue can I publish
it?
Answer:-
I have two pictures of other statues.
The first one is a picture of Max the gorilla ay the
Johannesburg Zoo.
The second picture is of the statue at the Anglo Boer War
Memorial.
The answer is that I can make “fair use” of the pictures, even
the one of the Nelson Mandela statue.
Answer 2.
Question:- Can I print a zillion T-shirts and sell them?
Answer:-
Nobody really cares about the statues of Max the gorilla and
the statue at the Anglo Boer War Memorial.
Who would buy the t-shirts? There is no commercial value.
The picture of the Nelson Mandela statue is different.
It is a likeness of Nelson Mandela and I am reasonably sure
that I would require his permission to use his likeness/picture for commercial
purposes.
Also, I would more than likely have my stock confiscated by
the Nelson Mandela Foundation.
I most certainly would not take the chance
Give this blog a share on Twitter and Facebook.
Stay focused,
Cyril Furman
Monday, 13 August 2012
Photographing the Nelson Mandela Statue
I have a number of pictures of the Nelson Mandela statue at
Nelson Mandela Square in Sandton. It is probably the most photographed statue
in South Africa.
In my previous blog I asked the question “Who owns the
copyright?” when you take a picture of a statue? The particular statue in
question is the statue of Nelson Mandela.
1)
Nelson Mandela?
2)
Nelson Mandela Square in Sandton?
3)
The sculptor?
4)
The Photographer? (myself)
Without doubt the answer is number 4) myself, the
photographer.
I have the copyright.
As soon as I press the shutter release I have the copyright.
I can take photos in any public place in South Africa.
I would like to know the answer for other countries.
I can think of at least four places around Johannesburg that
are “sensitive” to cameras. (but not cell phones and point and shoots)
The problem arises if I put up a picture of a statue at one
of the photography or camera clubs.
I will be told that it is a picture of someone else’s work
and given no award.
This is entirely weird.
It is not about whom has copyright.
I can take a picture of a church, the local fire station or
any building and that is ok.
The problem is that I am not the architect for any of the
buildings, so it is also not my work.
Weird indeed.
However, if I do something with the picture of the statue,
the work becomes mine. 
I can use a software program, wait for a bird to sit on the
statue or use a zoom effect to change the picture.
1)
Having taken a picture of a statue can I publish
it?
2)
Can I print a zillion T-shirts and sell them?
Let me know what you think
Stay focused,
Cyril Furman
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