Public Art and Copyright

Filed under About ~ by Editor on  3 Dec 2018
Artists

Street artists are invited to offer their collections for display on NewcastleOnHunter.com

If you wish to offer information or claim ownership and credit, please, write to throsby at NewcastleOnHunter dot com and we can work together. If you are claiming credit, do supply convincing evidence.

If you want a photograph of your work removed from this website, please email throsby at NewcastleOnHunter dot com and provide evidence that it is indeed your artwork. This applies only to images that primarily focus on your work. See the Artslaw clarification below.

Visitors

Often a treasure, always a delight, Newcastle’s rich, diverse public art is alive and well. But delivering it to you on NewcastleOnHunter has constraints.

Always to the artists’ advantage – how it should be – but sadly against your full appreciation of Newcastle’s wealth of public art history and talent, and ultimately to the disadvantage of us all, you cannot view photographed street art “full frame.”

Although photos are automatically copyright the photographer, an image whose primary focus is a work of public street art, graffiti, or mural, has a condition in common law: artist’s permission is required to display.

 Artslaw states the issue here: 

Murals and graffiti: Although murals and graffiti are generally situated in a public place, because they are two-dimensional artworks the section 65 exemption does not apply. As such, if you substantially reproduce a mural or graffiti work in a photograph you may be infringing the copyright in that mural or graffiti work.

Substantial reproduction is not a question of how much has been reproduced like 10% of 70%, but rather a question of quality (i.e. what has been reproduced). This means a photograph looking down a street that happens to have a mural wall running down one side adding perspective is less likely to infringe copyright than a photograph that focuses on a key part of the mural making it the main subject of the photograph, even though the first photograph shows more of the mural.

So, for those of you who never saw the fleeting beauty on our streets, or cannot make it to Newcastle, I sadly present some meritless and uninspiring “down the street” views.



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