copyright restrictions on backgrounds

[dlanter]

This may not be the right section for this question, but I can move it if needed.

In a couple of weeks I will be doing a TFCD shoot with a couple of young models for all of us to use in our portfolios. This will be an outdoor shoot in a couple of parks in Frisco. For one set we would like to shoot at the Sculpture Gardens at Hall Business Park in Frisco. I know that the sculptures are copyright restricted as far as using them for commercial use, but since these shots will not be for sale and are strictly for portfolio use would the restrictions still apply? There are many more locations to shoot at, so if there is a chance of violating their restrictions I will just go somewhere else.
Thanks

[robert t]

I think your right. As long as your not selling the images. No infringement.

[Ahh!]

Originally Posted by dlanter

This may not be the right section for this question, but I can move it if needed.

In a couple of weeks I will be doing a TFCD shoot with a couple of young models for all of us to use in our portfolios. This will be an outdoor shoot in a couple of parks in Frisco. For one set we would like to shoot at the Sculpture Gardens at Hall Business Park in Frisco. I know that the sculptures are copyright restricted as far as using them for commercial use, but since these shots will not be for sale and are strictly for portfolio use would the restrictions still apply? There are many more locations to shoot at, so if there is a chance of violating their restrictions I will just go somewhere else.
Thanks

Dan, here's some light bedtime reading... Mostly this link

[Ahh!]

And, yes, this is the right section to make this post!

[dlanter]

Thanks Peter for the links. I'm not sure right now what the answer to my question is though. It's too early for such heavy reading. I'll try to decipher it later when my coffee has kicked in.

[dlanter]

Peter,

I read the article that you referenced along with a couple of his other articles. I know this author is not a lawyer and I don't know how much he researched the subject before writing it, but let's assume that he knows what he is talking about. If he is right then we photogs basically worry too much about copyright infringement and licensing. Here is the summary that I got from reading it.

Using the example that I first asked about, shooting a model in front of statues. I would use that particular shot to promote my portrait photography. The model would use it to promote her modeling work. For both of us the statue just happens to be in the background and has nothing to do with our usage of the photo and is therefore not an infringement of the artist's copyright. If however, either of us wanted to use that photo to promote that artist or his work, then we would be in violation unless we got his permission first.

In this same example, let's say that I sold a print of this photo to the model as an art print to hang on her wall. Niether of us would be in violation. But if she showed that same print in an art gallery that displayed it with other sculptures, then she would be violating the artists copyright but I would not be.

It is a complicated subject and so many variables are involved that there really is no definative yes or no answer. In the scenario that I first asked about, I have seen security at this particular park before and if they ask me not to photograph the statues I will obey, otherwise I am going to go on and get the shots that I want and not worry about it.

[Ahh!]

I'm with you.