Legal Question in Intellectual Property in New York

copyright of a photo

I have taken a photo of a statue

owned by X. This statue is in the

front yard of X, in full view from the

public sidewalk which is where I

stood while taking the photo.

I want to use this photo on the back

cover of a CD I am producing.

I am in NYS


Asked on 5/12/07, 8:02 pm

2 Answers from Attorneys
Steven Mark Steven Paul Mark, Attorney at Law

Re: copyright of a photo

Your fact pattern is incomplete. If the statue is a generic design (e.g., a realistic-looking animal, "gnome," jockey, etc.) you're probably okay.If the statue is a unique work of art you should either get permission from the copyright owner or you will be taking a risk. Buildings are usually safe subjects but artwork isn't.

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Answered on 5/12/07, 8:34 pm
Johm Smith tom's

Re: copyright of a photo

Mr. Mark knows his stuff. The risk depends in part on whether the owner/artist would recognize from the photo that it is of their statue. Sometimes people use photos for album art and a mother wouldn't be able to recognize their own child.

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Answered on 5/13/07, 4:35 pm


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