Whose art is it?

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AgX

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Most people do not care about copyrights and individual rights, and nothing happens. But it can and then it may become expensive, so one should have the legal issue in mind, even if it is for not to get ill surprised.

So let us leave legality behind, what is your ethical stand on this matter?
 

Dali

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Please read post #17 from E. von Hoegh. This is more or less what I think.
 

removed account4

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I don’t see a problem with it, at least no worse that so many other forms of photography, unless the photo is composed in a manner to only show the graffito straight on and without context of its surroundings or situation. So if it’s just a photo of the entire work of graffito then you’d have a good arguement for copyright infringement and a poor creative eye. But if the subject of the photo is of the area the graffito/graffiti is in, of people or objects near it, or a detail of the graffito, then I don’t see any difference in that and taking a picture of a building. Remember, building designs can also be copyrighted, yet most photographers have no issues with architectural photography despite the same legal and ethical conundrums.

There are a lot a gray areas in photography most people don’t consider, especially in street photography. Like if you photograph a person, are you stealing their look or the way they dress? They created that look that you found compelling, and may have spent years of hard work and lots of money developing it. What about the architects, engineers, and landscape designers whose works lie in the background of your photo? What about the work of any other photographer who shot from that spot before you that you may not even be aware of? Are you stealing from all of them to? Even if you gain all of the necessary permissions, aren’t you still profiting from the creativity of others while showing very little of your own? Those are one of the many reasons I don’t like street photography. The whole genre is based on stealing from others to claim as your own. But just because I think it’s lazy and shows a lack of creativity doesn’t mean I think it should be banned altogether. That would be a slippery slope that would hobble the art too much.

yes there is a lot to think about when one is making photographs !
i see from your avatar that you use a 4x5 camera. when someone photographs a landscape
they are also stealing from the people who own the property or from the park system ( federal governemnt ) who has stewardship
and if someone does portrait work ( in studio ) they run into the same problems as one would photographing people on the street
and if one do table top / still lives you are using package and product design that someone else toiled over as well.
i am guessing ( perhaps wrongly ? ) that not everyone has a stack of model and object release forms that one has
people sign if s/he are photographing their sites, structures or models ... some say as long as one is not publishing the
images for commercial purposes one doesn' t need a release if it is "artwork" being created. even someone elses artwork can be repurposed
and used without consent .. i mean high powered photographers have been showing other peoples' artwork as their own for years
( marlboro man, iinstagram-portriats &c ) no releases at all ... but then again art is sold and bought -
it is the same thing... ( money or objects transferred / paid for artwork )

one can have their own personal ethics+morality and live by them, but i don't know now many people are going to have endless reems of model and
object release forms ... but who knows, getting the releases signed with a phone making a dv of the whole ordeal could be considered performance art too.
 
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jtk

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If you're selling it you either made it or stole it. If you're taking credit for it you stole it. If you stole it with a wink and a nudge, you're probably re-interpreting it.

WTFC
 

Dali

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Those are one of the many reasons I don’t like street photography. The whole genre is based on stealing from others to claim as your own.

Stealing? really?
 

MattKing

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If I photograph a statue, I'm also photographing at least a little bit of its surroundings.
The sculptor is responsible for the statue. The sculptor may have had the site it rests in mind when the statue was created. But the surroundings are the creation of a myriad other factors - some human, some natural, and some happenstance.
As a photographer I make choices of what to include and what to exclude; what to emphasize and what to minimize; what to anticipate and what to refer back to.
Those choices are part of the art in the photograph.
The statute is its own art, and the sculptor is entitled to credit and, in some cases, to share in the profits realized from the photograph (if any). The sculptor might in some cases be entitled to a say in the use of the photograph. But the sculptor is not the only creator involved.
I think this thread calls for a little Murray Mclauchlan - "Down By The Henry Moore" -

 
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