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Paintings in a Short (non-commercial)

T

touchogrey

As all Shorts are indeed non-commercial generally and will not return a profit, I am curious as to the legal issues I will encounter with using paintings and sculptures in a film..

I know this has been discussed here: http://www.indietalk.com/showthread.php?t=5442
But I believe the assumption was that he wished for the piece to be distributed or sold at some point. I have only the intention to push my piece in festival circuits and online distribution (for free-through my own user site)


The work is featured at times as actual pieces of interest in the story, though they are never referenced by name, artist, or even less importantly date. They are merely objects of desire for a few characters and are referenced as post-modern art.



Since there is no income on the piece I believe this is bordering on fair use rights? Do festivals care to carry a piece that is using on Fair Use rights? I have heard often (from filmmakers who have been to numerous festivals with their own works) that the festivals won't really care unless an artist brings it up to attention and creates a stink.


To elaborate further - these paintings and sculptures are privately owned by a wealthy businessman whom is allowing us access to his location. Since he owns them in a private (and quite expensive) collection, is his permission even to be had? It certainly would help with leery festival owners I suppose.


Again, it is my understanding, all of these issues are resolved so long as no money is to be had on the project.
If this is truly the case, I won't mind the negative press had by a couple disgruntled postmodern painters ;)

Thanks!
 
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wcmartell said:
Copyright is the right to copy - has nothing to do with money or profits.

You need legal permission from the owner of the copyrighted piece.

- Bill
Click to expand...

Thanks for the response Bill

Are all pieces of artwork considered copyrighted under the fair use clause? These pieces are unsigned and usually undated. Their contextual usage here is never negative, only as objects of art.

At what point would one need permission from a sculpture or artist to 'use' an image? Could the artist pull the piece from festivals? Would the owner of the collection be the one who can pull the piece? Added to this, these pieces are from 'outsider' artists - that is artists whose work was privately bought only and rarely copyrighted (save for a few which will probably have to be ignored)

As an example here is one such artist (probably the most wellknown of the exhibited pieces) : http://www.artnet.com/magazine_pre2000/features/karlins/karlins10-30-97.asp

Edit: It occurred to me that this painter has died in 1990. I assume his paintings are now owned by respective museums and private owners meaning I should seek the permission and rights of current owners. I suppose this is true for most of the works in my locations.

Again, am I seeking refuge from owners of these paintings when I seek their rights? And do I actually need the rights for a festival?

Thanks again
 
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