Meg,

You may have already gotten a number of responses, but if it is helpful, see mine below.

 

Susan Pontious

Civic Art Collection and Public Art Program Director

San Francisco Arts Commission

401 Van Ness Ave. #325

San Francisco, CA 94102

Direct: (415) 252-2241

FAX: 415-934-1022

Sfartscommission.org

 

From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Laramie Public Art Coalition
Sent: Thursday, August 23, 2018 10:40 AM
To: public_art_network@americansforthearts.simplelists.com
Subject: Question about rights of use for murals

 

Hello all,

 

If a private entity (a for-profit magazine) wants to do a photoshoot for an article in front of a mural done through our local Mural Project, is it true that:

1) they need permission from the artist; Yes, unless the artist has transferred their copyright to another party.

2) they need permission from the commissioning agency; no, unless copyright has been transferred to the agency. The artist as part of their contract may have granted the commissioning agency license to use the images in certain ways (publicity, public info, etc.), but that license cannot be transferred to third parties by the agency.

3) they need permission from the property owner; no, unless 1) copyright has been transferred or they need physical access to the site, which a private property owner could deny.

4) the artist can charge a use fee; yes, as the owner of the copyright the artist can charge for the use of their image.

5) If yes to #4, how do they determine that price? I don’t think there is any standard for this. 

 

I know that s

ome of this depends on the contract the commissioning agency has with the artist for that mural, but I believe the contract is a general copyright use where the Mural Project can use images for PR purposes but the artist retains copyright. 

 I will find out, but for now I wanted to check with you all.

 

 

Thanks,

 

Meg

 


 

--

Meg Thompson Stanton (she/her)

Coordinator

Laramie Public Art Coalition

307-223-LPAC (5722)

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