Wendy Hampton on sun 25 aug 96
Subj: re: unauthorized reproductions
Date: 96-08-24 11:09:27 EDT
From: Wally H501
To: WHampton
Patrick,
My wife, a potter, passed you e-mail onto me as a FYI.
Without knowing all the particulars, it sounds like the reproductions you
talked about were not legal. It may depend upon how the images were used,
(ie- editorial purposes vs commercial). An article discussing how photos on
the web are used and using one of yours as an example in most cases would be
considered editorial and would not generally be considered a copyright
infringement. On the other hand, if it was to advertise something it would
be considered commercial and would most likely be considered copyright
infringement.
As a photographer, I photograph alot of art work including a fair amount of
ceramics. I use photographs I have taken for others in my own advertisments
all of the time, including some on the web;
(http://www.prorental.com/whampton.htm).
I also collect alot of ceramics and other art, which I photograph for my own
promotional purposes once in awhile.
I ALWAYS get permission to use the photographs from the artist, even if it is
a piece that I own and photographed, (of which I then own the copyright of
the photograph --- not be confused with the copyright of the art piece) .
That is the law in the USA!
The same applies to the artists using photographs I have taken for them. In
my business (not all photographers handle it the same way) the following are
generally my terms;
(1) Unlimited reproduction and media usage rights are granted when used by
the artist for their own promotional materials.
(2) NO RESALE RIGHTS ARE GRANTED.
(3) Usage in editorial markets where payment for photography and/or
photographs is customary, requires further authorization and/or payment to
Wally Hampton.
(4) Usage in third party catalogs and promotional materials where payment for
photography and/or photographs is customary, requires further authorization
and/or payment to Wally Hampton.
(5) All reproductions and copies must include photography credit line
"Photography: Copyright 1996 Wally Hampton: 206.842.9900"
Regards,
Wally Hampton
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