Legal+Issues+for+video

Legal Pitfalls in Taking or Using Photographs of Copyright Material, Trademarks and People http://www.wipo.int/sme/en/documents/ip_photography.htm#1.2

Seattle artist sued over public photo: http://www.firstamendmentcoalition.org/2010/02/seattle-photographer-falls-into-legal-soup-with-photo-of-public-art/

The issues as I understand them.

1. Photographs/Video of artwork in a public space can be taken without permission but can't necessarily be sold. 2. Photographs/Video where artwork is incidental (ie background of an interview) can be taken without permission but not necessarily be sold. 3. Generally, if the space is not private, some indication of the terms of use should be present (ie a sign stating "no photography") otherwise, it is difficult for the photographer to understand what the terms of use are. 4. Photographs/Video of artwork to be used in a news piece about the artwork or event related to the artwork does not require permission but does need to name the artist. This is fair use and falls under freedom of the press.