Photos of advertisements on the street

[jeffpolaski]

I'm noodling with a theme that will require taking many photographs of

advertisements on the street. These would include billboards, exterior bus and

bus stop ads, old painted ads on brick walls, new movie ads, etc.

 

I may post them on a non-commercial website or photoblog. I will not sell

images.

 

Clearly, ad copy and illustrations would be copyrighted by the creators or

advertisers, but if I make photographs of these in public places and make no

commercial use of them, am I on firm legal ground?

[orvillerobertson]

You're much better off checking with a lawyer whos specialty is copyright law.

[pacha mama photography]

:)

 

if the picture is SOLELY of the advertisement without any background whatsoever and your trying to SELL them it is a little more iffy, but if it just advertisements placed within a 'street' photograph posted on the internet then your completely fine.

 

what a run-on sentence haha.

[roger krueger]

You're on no legal ground--I don't think anybody has litigated this precise subject.

 

If they were going to I've got to think they'd have gone after Richard Prince by now. He's

the guy whose partial rephotograph of a Marlboro ad went for $1.2 million a couple of

years ago. He did get sued for a rephotograph of a 10-year-old nude Brooke Shields, but

he eventually prevailed there too. although that was more about releases than copyright.

 

The underlying premise about copyright and fair use is that if your derivitave use is clearly

transformative, and clearly expressive, not merely commercial, you at least have a chance.

[daniel_smith6]

The usual 'contact a lawyer' advice. Trouble is, few lawyers specialize in this type of law. Taking the photos and making 'art' is generally protected. See the Rock&Roll hall of fame case as well as many others. People can sue for anything at any time but that does not mean the can or will win. If you can see it you can photograph it. Use it right and you are even protected by copyright laws as being in their stated exceptions which allow fair use.