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Stained glass designs on churches copyrighted?


4 years 9 months ago #650374 by Amy Porter
Stained glass designs are created by an artist. Right? So are stained glass designs copyrighted against photos from being taken and published or sold with out permission?  
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4 years 9 months ago #650392 by garyrhook
Depends upon when created, right? And where. And what the law says.

I think it's safe to say that any older church is not going to be a problem. But you didn't say anything about where or what.
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4 years 9 months ago #650521 by Pettigrew
So newer stained glass would be?  Never knew this,  and I've been taking photos of churches for sometime.   Newer churches too. 
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4 years 9 months ago #650547 by garyrhook

Pettigrew wrote: So newer stained glass would be?  Never knew this,  and I've been taking photos of churches for sometime.   Newer churches too. 


I'll elaborate on my logic:

Newer work (i.e. stained glass) might be an original creation. Therefore the design and the window would be copyrighted. Taking photos of the window with the intent to benefit from them would then be a problem.

Taking photos of a church which has said windows, would be less a problem with the windows than with the church building (also designed by a living person, and therefore copyrighted?)

But the question was about the stained glass. And one would certainly not attempt to benefit from someone else's work if that work were still under copyright, would one? (Hint: the answer is "no".)

This is a fundamental concept for every creative person: every creative thing is, or was, at one time, copyrighted. The only question is whether that copyright is still in effect.
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4 years 9 months ago #650617 by icepics
The artist would own the copyright to the stained glass design unless it's an old enough building that any copyright to the artwork might have since expired. Often artwork like sculptures, stained glass windows, etc. are commissioned with an artist by the property owner. If it's an old church I don't know how that was arranged back in the day.

To use photos of a building you may need to get property releases signed, it depends on how you want to use the photos. For retail use (merchandise) or commercial use (ads, business use, etc.) you'd need releases/written permission. For editorial use (newspapers etc.) a relese is usually not needed but a media outlet may request one. For use as a fine art print (for the buyer's personal use to hang on the wall) a release is not typcially needed.

To use photos of an artist's copyrighted work you'd need to license usage. You could not photograph the artwork and reproduce it etc. without permission and licensing usage. For example I could photograph a quilt I designed and made and sell holiday or note cards etc. of my design because I own the copyright to what I created. If anyone else wanted to use my quilt to create cards to sell they'd need to license usage from me of my artwork.

Try asmp.org or PPA for info. on copyrights, licensing usage, etc.
Sharon
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