Bernadette Feely

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I presume that any appearance of copyrighted or trade marked material,
whether incidental or not, regardless whether or not the image was taken in
a public space can not be displayed/exhibited without seeking copyright
permission. I PRESUME this but I am not sure what my rights are. Public
space is easy enough to define, but incidental is not.

My images are not used editorially, but for gallery exhibition and fine art
reproduction.

A North American perspective...


Andy Warhol never sought permission for the famous can...a work of art is after all a work of art, unless you sell it as commercial art or the created art within as your own. For photography if it merely constitutes a portion of your representation then you shouldn't run into any problems. MacDonald's and Coke don't own the visual landscape and no court is likely to uphold a claim against art as art or editorial as editorial with regards to companies putting their copyrighted material into any area where the general public is invited to attend. If I were to put together a collection of BigM's from across the country and put them into a show as an artist, well I can. It's a statement and/or a collection by me of the times and places which constitute my world.

Commercial is a different matter, though few companies ever want someone else's logo in their corporate brochure. UK might be different but I doubt it.


-- joel johnstone Color Canuck (A Lesser-known of the Great Northern Crowned Joels) =============================================================== GO TO http://www.prodig.org for ~ GUIDELINES ~ un/SUBSCRIBING ~ ITEMS for SALE

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