VIC Am I Breaking Any Copyright Laws ?

[Willfaulkner]

Hi there.

Could someone help me with this question please?

I want to photograph street art then put the art on T shirts and sell them online.

Am I free to do this being that I am the owner of the photograph?

Am I breaking any copyright laws here?

Thanks.

 

[Rob Legat - SBPL]

Taking a photograph of an art work is considered reproduction of that work, and constitutes an infringement of the owner's copyright if permission is not obtained. While you may own the copyright in the artistic expression of the way in which the photo is taken, the central subject is the piece of art and you would be liable to forfeit a proportion of your profits from the sale (plus potential damages).

 

[Willfaulkner]

Thanks for replying rob.

Not the news I wanted to hear but ok. But isn't this artwork in the public domain by being on the side of a building for all to see? Doesn't that allow for commercial usage?

 

[Rob Legat - SBPL]

No. There is an exception under section 65 of the Copyright Act for sculptures and works of artistic craftmanship which are in public on an non-temporary basis, but this does not extend to things like paintings and murals.