It seems there is a long-standing debate around photographing other people’s work. It’s a simple debate: what exactly is the photographer creating if the photograph includes an object or structure that has been created by someone else?
This debate arises mostly in relation to works that exist in public spaces. The originating works may already be labelled “works of art” or may be labelled “architecture”, “edifice”, “structures”, “building”, “hardscape”, “figure”, “carving”, “casting” or any of many names that don’t necessarily assign an aesthetic value.
And yet all of it was imagined by someone, designed by someone, built by someone and placed on display. Even if the work has another function, such as a building, there was a creative effort expended to provide that space. If a photographer takes an image of it, presents it as their own creation and maybe makes a profit from it, is that right? Disclaimer: this is not a legal review. Continue reading