The UK is fortunately one of the best countries in the world for photographers to take photos of public art. In comparison with most countries, our rules on freedom of panorama are very favourable. They cover not only buildings and parts of buildings but also sculptures and 3D artworks in any public place, where 'public place' includes any indoor or outdoor area 'to which the public has access, on payment of a fee or otherwise'. That includes museums, art galleries etc, even privately owned so long as the public has access.

Commons will accept photos of public art provided they do not infringe any copyright. That means in practice that the artwork being photographed must either be old enough to be out of copyright, or (if still in copyright) must be permanently displayed in a public place. Pieces which are part of a gallery's permanent displays are OK, but those which are part of temporary exhibitions are not.

So far as I am aware there is no UK case law which explains what the Copyright Act 1988 means by 'permanently', and the word has therefore to be read, as best we can, according to its normal day to day meaning. While there are certainly edge cases where the legal situation is uncertain, that's very unusual. Almost all public art images that are deleted from Commons fail because it's really obvious that the artwork is part of a short-term and temporary display.

Michael


Gordon Joly wrote:


This is example in mind, with a delete request from a certain "MichaelMaggs"

https://commons.wikimedia.org/wiki/File:DSC09873.JPG

https://www.flickr.com/photos/loopzilla/2569579585/

"Unfortunately this image is of a temporary installation and is thus a
copyright violation; see talk page Korax1214 10:19, 10 June 2008 (UTC)"

OK, I can see that. After all, we know how long "permanent" is going to
be....




Gordo



On 26/08/15 10:24, Gordon Joly wrote:
On 25/08/15 20:21, Andy Mabbett wrote:
and would be grateful if you would all assist, and ask others to do so.
****
You might have knowledge of your local artwork, or be able to visit your
nearest library to make enquiries; or to take pictures and upload them
to Wikimedia Commons,
****

I have taken pictures of art at Canary Wharf and put them on Commons
only to be told that I cannot post such images on Commons.

I cannot recall the reason (or find the deleted file). I think it was
part of a exhibition, rather than a permanent object, such as Ron Arad's
"The Big Blue 2000"

https://commons.wikimedia.org/wiki/File:Thebigblue2000.jpg

Any guidance?

Thanks,

Gordon


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