Could I get sued for publishing the sneaky photos I took of James Turrell’s Roden Crater? + More artists-rights’ questions, answered:
’s owner Hearst tried to defend itself using the journalistic protection for fair use, but the judge ultimately ruled against them. HeHearst would have had to add “new expression, meaning, or message to the original,” but the point of their story was just that the president had done this thing, a message that had already been accomplished by the photos themselves when they were posted on Instagram.
If you’re considering a scholarly article in an academic publication or book, this would not be considered journalism at all and you’d definitely need to clear the copyright of the artwork with the artist. This is because you’d be using the photos as an illustration for your article—“See, here’s the artwork I’m talking about”—and that’s not transformative.
To this, you might say, “But hey, can Turrell really hold the rights to something that isn’t even complete?” Unfortunately for you, copyright doesn’t need to be officially registered and is valid at the moment that a work is “fixed in a tangible medium of expression.” While, “fixed” may seem somewhat vague,states that a work is fixed even when it “is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time.
Finally we come to social media. Remember how the Met and SFMoMA posted Glenn Ligon’s work on Instagram without his consent and then apologized for doing so? Ithe situation back in June 2020 and explained that museums don’t tend to own the copyright for works in their collections. Even when they do, it’s always good to ask for permission.
For the past 50 years, art has tended to reference pop culture more and more, and we often get this kind of question from artists of many disciplines. Lest we forget that by the 1990s, Robert Longo and Cindy Sherman were doing such perfect recreations of Hollywood style that they each were enlisted by Hollywood to make
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