> Dear all,
>
> I have a problem. When someone takes a photograph of a public
> monument new or old, then creates a brochure or publication. Has the
> photographer or the person who commissioned the photogragher the
> right to reproduce this picture or do they have to seek permission
> from the local state council or artist to reproduce the photograph of
> the public monument.
> Once a Public monument is created and in public view who owns the
> copyright?
> Or can anyone make gain or profit what is essentially public?

Copyright in general is a civil , not a criminal issue. So, regardless of
your rights to the ownership of the intellectual property contained in your
sculpture, you must prosecute your rights establish them] in the civil court system.

Calling 911 does not connect to the Copyright Police.
<"There's a dead copyright on the landing.">
Hire a lawyer.

Furthermore, if you feel that your intellectual property rights have been
stolen, you must prove your damages - that the entity that photographed your
work stole something of value from you by reproducing your work in a photo.

The counter argument can be made that by publicizing your work, you received
a benefit in exposure - free advertising.

You might have damages if a photograph appeared on a poster for sale that
featured your name prominently and representation of your work]. That is why lawyers make the big bucks- to
construct convincing arguments to get money.

My opinion is that once a work is in the public domain, the only protection
you have is against people actually replicating your sculpture and calling
it their own work. Then, you could only expect to receive their profit from
their action.

In British Columbia, a new, architecturally exciting waterfront convention
centre was built. Their lawyers asserted copyright over every photograph of
the waterfront of Vancouver featuring this structure. It didn't get very
far.

I sympathize with your anger and pain. But the fight to retain control over
intellectual property is a fight best undertaken by rich guys against guys
with lots of dough. For instance, if you are rich, you would do better suing
George Harrison over some lyrics.

Dwight "licensed to be cynical" Atkinson, MAIBC

Canada's Funniest Architect

Architect Atkinson Iconography Studio Incorporated
2243 West 47 Avenue, Vancouver, BC, Canada, V6M 2M8
fax: 604-266-7342 voice: 604-266-7322

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