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Public Park Designated Copyrighted Space

wiggles writes "The City of Chicago recently completed a $475 million park/civic center known as Millennium Park. One of the central features is a sculpture officially called Cloud Gate and unofficially called "The Bean". The Bean is a giant, 3 story, 110-ton hunk of highly reflective steel. Photographers taking pictures of the sculpture have been charged money by the city. The park district is claiming that pictures of the park violate the designers' and artists' copyrights. Quoth Karen Ryan, the press director for the park's project, "The copyrights for the enhancements in Millennium Park are owned by the artist who created them. As such, anyone reproducing the works, especially for commercial purposes, needs the permission of that artist." In response, Chicagoland bloggers have been posting as many pictures as they can get of The Bean."

25 of 770 comments (clear)

  1. Bunch of crap by Anonymous Coward · · Score: 5, Funny

    Windy City, blow me.

  2. What of other works of art? by TimmyDee · · Score: 5, Insightful

    What happens to other publicly displayed works of art? Also, wasn't this payed for by the people of Chicago and thus now owned by the taxpayers? Shouldn't it be up to them to decide how to enforce/not enforce the copyright? Essentially, this is like Ford telling people not to take pictures of their own cars because the designers (read: the company) still own the copyright to the design.

    Appalling.

    --
    Per Square Mile, a blog about density
    1. Re:What of other works of art? by OverlordQ · · Score: 5, Informative
      From TFA:

      Update: Brian McCartney sez, "Just a note, the piece was not publicly paid for, it was a gift from SBC Communcations.


      So no it wasn't 'payed' for by the people of Chicago it was paid for by SBC.
      --
      Your hair look like poop, Bob! - Wanker.
    2. Re:What of other works of art? by Slak · · Score: 5, Interesting

      I was married last year in Chicago (where I reside and pay substantial property and sales taxes), and tried to take some wedding pictures at the Chicago Park District's indoor conservatory. Security stopped my bride and me from being photographed. I was outraged! And Millenium Park is worse, since it was completely overbudget and YEARS late.

      But, what do you expect from a city that send bulldozers in the middle of the night to shut down an airport?

      Insane.

    3. Re:What of other works of art? by xstonedogx · · Score: 5, Informative

      Way to quote only the part of the article that supports your argument. Here's the rest of the blurb:

      Brian McCartney sez, "Just a note, the piece was not publicly paid for, it was a gift from SBC Communcations. Not that it matters, it's still totally bogus." Too right -- the public are still paying for this, not just in upkeep, but in the tax-break to SBC, in the maintenance of the object, in the policing to stop photogs, and most of all in the cost to the public nature of its space that comes from having an unphotographable object splatted right in the middle of an otherwise very nice park.

      And, as another poster pointed out, regardless of who paid for it and how, it's now owned by the public.

      Not only that, but you apparently didn't bother to read the article linked to by the source you quoted.

      Here it is: http://www.millenniumpark.org/sbcplaza.htm

      From the article:
      The sculpture is made possible by a gift from the SBC Corporation.

      The article makes no mention of SBC paying for the actual sculpture. It makes reference to a "gift" which could have been the land (since it's called SBC Plaza) or a monetary donation which the city then used to pay for the sculpture.

    4. Re:What of other works of art? by Grax · · Score: 5, Insightful

      Now the trick is for the overlords to print up t-shirts that they retain the copyright for and then place their people in camera view of any event that they would like to censor.

      What if a news event would happen next to this sculpture? Could they deny coverage? If not then who decides what is newsworthy?

      I am sorry. Public sculptures, no matter how the court currently views them, should not be protected from photography. There is too much danger to freedom of speech.

    5. Re:What of other works of art? by midav · · Score: 5, Informative
      The greedy pigs can stuff it.

      17 USC 113 (c).

      In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.

      IANAL, however, it looks like if a work of art is displayed in a public place, it is OK to make pictures of it.

  3. Precedent doesn't support this by vijayiyer · · Score: 5, Interesting

    As far as I know, anything viewable from a public area may be photographed. If the artists want to enforce copyright, they should place their sculptures in an enclosed building.

    1. Re:Precedent doesn't support this by Squirmy+McPhee · · Score: 5, Informative
      As far as I know, anything viewable from a public area may be photographed. If the artists want to enforce copyright, they should place their sculptures in an enclosed building.

      Bert Krages, a photographer and attorney, publishes an online guide called The Photographer's Right that pretty well agrees with you. I'm sure it's only a matter of time before this matter ends up in court.

    2. Re:Precedent doesn't support this by Colgate2003 · · Score: 5, Interesting
      You can take pictures of anything you can see from a public street or public land (as long as you are on said public land). There are specific exceptions for top-secret military installations (see 18 U.S.C. 795). Anything else is fair game.

      However, you can't sell pictures of other people's work, including sculpture and architecture, without their permission. The city is breaking the law if they won't let anyone photograph the object, but not if they are just charging people who are trying to sell their pictures.

      I am not a lawyer, but I am a photographer who knows his rights.

  4. Next thing you know by RLiegh · · Score: 5, Insightful

    people will be harassed and intimidated merely for taking photos of public landmarks!

    1. Re:Next thing you know by radish · · Score: 5, Insightful

      What I am saying is that the US and MANY other countries are/were attacked by Muslim extremists.
      So should we also be chacking up on people who look like the other terriorists who have attacked the US? Let's see. There's those washington sniper guys. They were black, so let's check up on anyone who's black. Then there's Timothy McVeigh - who was (as far as I can remember) a white christian. Better start locking up some white christians then.

      I think it's better to be over secure and have a lot of people as a false alarm then to let some real threats through and have another 9/11.

      Defending your freedoms by giving up your freedoms? Makes a lot of sense. Moron.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

  5. The *Bean* ? by murderlegendre · · Score: 5, Funny

    Oh wait.. Chicago, the Windy City. Now I get it.

    --
    There's a Starman, waiting in the sky / He'd like to come and meet us, but he hasn't got the time.
  6. We paid for it but can't take pictures? by g0hare · · Score: 5, Funny

    This country gets stupider with every second. If only Canada wasn't so bloody cold.

    --
    Vote Quimby!
  7. Highly reflective, you say? by product+byproduct · · Score: 5, Funny

    Place your own work in front of the sculpture, and sue them because their mirror is replicating your copyrighted work.

  8. What about the buildings that the bean relfects? by sgant · · Score: 5, Insightful

    The Bean itself is voilating copyrights of the buildings that it reflects...the reflections themselves are "reproductions" of the buildings that are designed by artists and builders.

    I think the designers of the Prudential Building should charge the designers and the City of Chicago for the reproduction of their building without their permission.

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
  9. This Is The Natural Outcome Of.. by SirChive · · Score: 5, Insightful

    ...complete and absolute corporate control over a nation's legal framework.

  10. The Eiffel tower, too by hellgate · · Score: 5, Interesting

    BoingBoing recently ran a story about the Eiffel tower. Now, because the Eiffel tower was built in the 19th century, there's an extra twist: Only the tower at night (with its recently added lighting) is supposedly copyrighted.

  11. Copies of Copies, Reflections of Reflections by brwski · · Score: 5, Insightful

    This is simply what happens when (and these are not necessarily related):

    1. Everything becomes a commodity,
    2. Representations of things become somehow more valuable than the things themselves.
    The first issue expresses itself most clearly in societies where money is held to be both the highest value and the Most Powerful Thing: whoever contols it, and can get their hands on it, clearly has The Power. Thus people seek to control the flow of commodities (which now include ideas, representations, waveforms, etc.) so as to tap into the flow of power, i.e., money. The second issue...well, the second issue is troublesome in its own special way. It also has been dealt with by Baudrillard time and time again. Just check out some of his essays...they're certainly not the final word on the subject, but they cover far more ground that may sensibly be covered here. One might perhaps want to begin with some of the essays in The Transparency of Evil or in Screened Out.
    --

    brwski
    "Because without beer, things do not seem to go as well''

  12. Slashdot Needs a New Feature by EEBaum · · Score: 5, Interesting

    We need a new feature on Slashdot. For each news story, there should be a "scream in horror, pain, and disgust" button. This way, whenever a story is reported where otherwise well-thinking people do something that makes no logical sense whatsoever, you can simply press the button to register your "AAAAAAAAAAAAAAAAAAARRRRRRGGGGGH."

    Each thread would have a scream counter, and perhaps also rate them by severity/incoherence. Perhaps a high-bandwidth version could be introduced in which posters can record their screams, and visitors can listen to all of them together, a la "millions of voices suddenly cried out in terror and were suddenly silenced."

    I bring this up because there is an increasing number of stories, like this one, where I think a good scream is necessary, but can't be made into a coherent thread.

    --
    -- I prefer the term "karma escort."
  13. Re:OMFG, READ THE LAW! by cpt+kangarooski · · Score: 5, Informative

    No, that's 17 USC 106A. The appropriate section of the law is 106(1), which states that the copyright holder has the exclusive right to reproduce the work. 106 applies to all copyrighted works. 106A merely adds some additional rights with regards to works of visual art; it doesn't supplant 106.

    So yeah, if you take a photo of a copyrighted work, it will typically be infringing. There are some exceptions e.g. 107, 120, but no blanket exceptions that seem useful here.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  14. Re:What about the buildings that the bean relfects by jpatters · · Score: 5, Funny

    Boy, you will really be in trouble if you take a picture of the building, with the image of the bean reflected in the glass, with the image of the building reflected in the bean... and so on... you will owe an infinate amount of royalties!

    --
    "Remember, there never were pineapple-almond cookies here."
  15. White elephant by jc42 · · Score: 5, Informative

    The traditional name for such a gift is "white elephant".

    The usual story explaining this is that occasionally very pale elephants are born, and in SE Asia, these have been traditionally considered a sacred beast. If you offended a king or prince or other powerful person, one way of getting back was to give you a "gift" of a white elephant. This obligated you to care for the elephant for the rest of your/its life. This could be somewhat of a financial burden, of course.

    Sounds like the people of Chicago have themselves such a gift. Especially if you can be sued and fined (or imprisoned?) for merely taking a picture of the gift at its very public location.

    This is probably also a good exhibit in any discussion of changing the copyright laws.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  16. List of things.places your can't photograph by rhu6ar6 · · Score: 5, Informative

    I didn't see this list mentioned yet, the Picture Archive Council of America has a list of things you can't photograph.

  17. yes he is by zogger · · Score: 5, Interesting

    ..that's a good point and any group who wanted to countersue for using their image as part of the artisitic expression should sue him all the way into bankruptcy. The "art" is most definetly using other folks images once they are reflected in it. Mexican standoff then, I hope it happens. I do landscaping sometimes, I should copyright all the work I do, photo it and document it, then charge people a fee to drive by and look at it. either turn their heads or pay a copyright "license to view" fee.

    This is ridiculous, absurd, insane. It's not even the least bit humorous or logical. To infringe the copyright, one would have to make a copy of the sculpture. That's what "copy" means, to make a "copy", an exact duplicate. A photo is not a copy of a sculpture, it's a reference to it at best.