Copyright Law

Is a photograph of a sculpture a "derivative work"?

By Intellectual Property Law, Esq.

"Photographs of other objects are not derivative works of those objects. First, a photograph of an object is not 'based on' that object: It is a mere depiction of it. Second, even if one were to find that a photograph of an object is based on that 'preexisting work' within the meaning of the definition of 'derivative work' in Section 101, such a photograph must still 'recast, transform, or adapt' the authorship in the preexisting work to be considered a derivative work. Such recasting, transformation, or adaptation does not occur in a photograph of an object."

Full post as published by The Art Law Blog on February 05, 2008 (boomark / email).