Photography Podcast

PhotoNetCast #40 – Photographing copyrighted works

Posted in PhotoNetCast Shows on 23-02-2010 | 1 Comment

Including copyrighted works on your photography


We’ve all been there – photographing a nice street scene only to find out later that the art installment on the background is indeed copyrighted by the artist.

While for editorial use this might not be much of a problem, for any other use that photo is pretty much out of bounds. Still, once in a while some horror stories of photographers getting sued for copyright infringement come up.

So, how to deal with this issue? What is fair use and what isn’t? While the definitive answer is too much of a gray area even for the courts, from our discussion you might be able to get a few pointers on what is allowed and what you should avoid.

Many thanks to David Sanger (@davidsanger, David on facebook) and William Burrard-Lucas (@willbl, Will on facebook) for their insights on this discussion.

As you’ll probably notice, the conversation was going and going and I didn’t want to interrupt just for time reasons. In any case, I know that not many people have over one and a half hours for just one episode of PhotoNetCast, so we’ve decided to break the conversation in two. The remaining part (including answering some listener questions and our Selected from the Web) will be released in a few days.

As always, your comments are very much appreciated. Drop them below or use our re-opened Listener Voicemail.



Show Notes



Copyrighted Works in Photography

Comments (1)

Another interesting controversy about a US postage stamp with a photo of the Korean War Memorial is discussed on Techdirt. This time the appeals court overruled the district court’s fair use decision. The argument seem thin, though.


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