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
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