SA Intellectual Property Law on Illustrating Landmarks for Souvenirs?

[Tantravaya]

I live in a tourist area and work at a motel where I am frequently asked to offer recommendations for places tourists should visit in the region. Some of the places I recommend are scenic, such as national parks and some are enterprises such as museums. Other landmarks are public art statues, mostly commissioned by Councils. I am disappointed by the quality and range of tourism souvenirs available to visitors and as a graphic designer I am keen to develop products for tourist mementos. I am looking at producing tea towels, mugs, t-shirts, bags, greeting and postcards and more to sell them as a wholesaler to venues that might retail them to tourists.

I will be using my own sketches and photographs and adapting them as illustrative designs using digital art rather than using straight photographic images.

Who and what do I need to obtain permission from in order to proceed with promoting a particular tourist icon under Intellectual Property Law? For example, do I need to contact a Museum for permission if I don't use their logo and just identify them as a museum using a recognisable representation of their building? Do I need to get permission to use an illustrative design of a horse statue commissioned by Council when the image of the horse is already widely advertised and promoted as a tourist icon? Can I promote scene landmarks owned privately and by Government without permission?

These landmarks are widely referenced as tourist destination.

 

[Kim Walters]

The Copyright Act provides that the copyright in a building is not infringed by making a drawing of a "painting, drawing, engraving or photograph of the building". However, photography or drawings may be restricted in some areas by local councils or authorities.