Photography at Art Fair - Legal/Moral question

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talexander
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p.1 #1 · Photography at Art Fair - Legal/Moral question

So today I went to the Perrysburg Art Fair a showing of about 100 different artists with paintings, wood work, jewelry, glass blowing, photography and other fine art. I brought my D7000 + a wide angle to take some "day at the art fair" kind of photos. About 10 minutes into walking around with the camera around my neck (I hadn't used it yet, wanted to get a feel what was there/interesting) I walked by a booth and heard a woman say "You can't have that here."

I looked at the other woman at the booth and she looked at me then we both looked at the merchant and she proceeded to tell me "your not allowed to take photos, you can't bring that here."

I politely informed her that it's a public art fair and I wasn't selling the photos but she told me I can't photograph, it's not permitted and she would report me.

I looked at the other woman and walked away a bit disgusted. Left about 30 minutes later taking no photos.

Now I've taken photos at farmers markets and fairs before, especially people looking at something or a display of interesting items but this is the first time I've been yelled at over it.

What do you think legally/morally? I obviously respect the idea that these artists are looking to be paid for their creations but this woman was a photographer herself (from the booth she was selling photo prints of landscapes) so it had to be clear by walking by I wasn't taking studio reproduction shots and even if I was it's a public fair if I don't attempt to sell/claim they are mine what grounds does she have?

What are your opinions? Was I wrong? Was I right? Have you had similar things happen to you? It really ruined my experience at this fair and left me a bit disgusted.

Tim

Aug 19, 2012 at 08:12 PM

dcains
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p.1 #2 · Photography at Art Fair - Legal/Moral question

I would have politely told the women to go f*** herself. Who's she going to "report" you to, anyway?

Aug 20, 2012 at 03:38 AM

trenchmonkey
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p.1 #3 · Photography at Art Fair - Legal/Moral question

Hey, Tim...that sucks.
Had that happen to me once at a growers market. Workin' the crowd for candid ops, she comes flyin' out of her booth
(Ez-up tent) and YELLS not to photograph her lawn ornament "art". People will steal my designs, blah...blah, blah.

Looking down at a garishly painted metal sunflower...I told her "don't flatter yourself, ma'am". I proceeded to shoot the
musicians/dancers and exchanged cards with the event organizer. She'd seen my work and wanted a few shots for their
FB page. More often than not, people actually appreciate us! GL next outing.

NIKON D7000 200 mm f/2.8 1/80 sec 100 ISO -0.3 EV

Aug 20, 2012 at 10:20 AM

DLP
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p.1 #4 · Photography at Art Fair - Legal/Moral question

I've been to a lot of Art fairs with my camera and never had an issue. Maybe that vendor had something to hide.

If I see something I want to take a picture of in a booth I do ask the artist first.

Dave

Aug 20, 2012 at 11:25 AM

goosemang
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p.1 #5 · Photography at Art Fair - Legal/Moral question

legally if you're in a public place then you can photograph. unlucky for her.

morally, it's an issue if you plan to in some way reproduce the individuals work and profit off of it, or attempt to take credit for it in some way. or, if someone requests you not photograph them, you may wish to oblige even if you do have the right to take the photograph.

in this case i'd maybe tell the woman that i respect that she doesn't want to be photographed, and then would not photograph her, but i would inform her that i had the right to take photos at the art fair and would continue to do so

Aug 20, 2012 at 03:49 PM

goosemang
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p.1 #6 · Photography at Art Fair - Legal/Moral question

then i'd rent a 1200mm lens, mount that shit on a wimberly and fill 42 CF cards with closeups of her face, which i would sell in a booth next to her at the next art fair

Aug 20, 2012 at 03:52 PM

johntodd
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p.1 #7 · Photography at Art Fair - Legal/Moral question

If I were at the level of selling prints of my work at a show like this, I'd have two concerns: bad shots of my work (particularly in dim, fluorescent-lit spaces) - I wouldn't want a bad photo of my work circulating; and good shots: having read the tales of some how amoral people are in stealing photos off the web and re-printing them at Walmart, with or without watermarks, I wouldn't want good photos of my work existing outside of my control.

I think the vendor would be entirely right to ask that the OP not take photos of her work, but could obviously have done it vastly more diplomatically.

Aug 20, 2012 at 04:13 PM

yeap
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p.1 #8 · Photography at Art Fair - Legal/Moral question

I ran into the same encounter a few years ago when I visited the fisherman wharf area in SF. The artist stopped me when I tried to take some pictures at the art fair. It's an awkward experience but I didn't argue with her.

Aug 20, 2012 at 05:24 PM

yeap
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p.1 #9 · Photography at Art Fair - Legal/Moral question

goosemang wrote:
then i'd rent a 1200mm lens, mount that shit on a wimberly and fill 42 CF cards with closeups of her face, which i would sell in a booth next to her at the next art fair

Aug 20, 2012 at 05:25 PM

vsg28
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p.1 #10 · Photography at Art Fair - Legal/Moral question

goosemang wrote:
then i'd rent a 1200mm lens, mount that shit on a wimberly and fill 42 CF cards with closeups of her face, which i would sell in a booth next to her at the next art fair

Aug 20, 2012 at 05:28 PM

dcains
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p.1 #11 · Photography at Art Fair - Legal/Moral question

johntodd wrote:
If I were at the level of selling prints of my work at a show like this, I'd have two concerns: bad shots of my work (particularly in dim, fluorescent-lit spaces) - I wouldn't want a bad photo of my work circulating; and good shots: having read the tales of some how amoral people are in stealing photos off the web and re-printing them at Walmart, with or without watermarks, I wouldn't want good photos of my work existing outside of my control.

I think the vendor would be entirely right to ask that the OP not take photos of her work, but could obviously have done it vastly more diplomatically.

IMO, that seems a bit ridiculous. What possible commercial value would a picture of a picture have? We're not talking about a copy made in a studio under ideal conditions, just casual shots in a public venue. If one were to judge the original work based on those casual shots, that's equally ridiculous. Sounds like the "artist" might have more ego than talent.

Aug 20, 2012 at 09:34 PM

M635_Guy
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p.1 #12 · Photography at Art Fair - Legal/Moral question

I don't understand people like this, but I'll put it this way - if you're taking pictures for commercial gain or to avoid paying them for their work, I think you're in the wrong.

If you're taking pictures for creative, non-commercial purposes, you're totally within your rights. Even candid photography falls into this for me.

Anyone is within their rights to request that you not take photos, but demanding it is another thing. I would have said "good luck with that" and gone on my merry way, taking whatever creative, non-commercial photos I wanted...

Aug 20, 2012 at 11:17 PM

M635_Guy
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p.1 #13 · Photography at Art Fair - Legal/Moral question

On a semi-tangent, I like Trey Ratcliff's approach to his photography and copyright:
http://www.stuckincustoms.com/2012/02/13/why-photographers-should-stop-complaining-about-copyright-and-embrace-pinterest/

On the other end of the spectrum, there is trouble in the world if this kind of thing happens a lot and is enforceable...
http://enthusiastphotographer.com/2012/02/14/copyright-rules-in-france-whack/

Aug 20, 2012 at 11:19 PM

dcains
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p.1 #14 · Photography at Art Fair - Legal/Moral question

In '05 we were on vacation in northern California. A local resident walking by told me I was not allowed to photograph this tree, as it had been copyrighted by the community. Oops . . .

This image is copyrighted by the owner

Aug 20, 2012 at 11:31 PM

vsg28
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p.1 #15 · Photography at Art Fair - Legal/Moral question

Aug 20, 2012 at 11:50 PM

trenchmonkey
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p.1 #16 · Photography at Art Fair - Legal/Moral question

I hope you told him to leaf you alone

Aug 21, 2012 at 12:02 AM

dcains
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p.1 #17 · Photography at Art Fair - Legal/Moral question

vsg28 wrote:
Copyright a tree?

Hey, it was Carmel. Thankfully, we escaped before Mayor Clint and his goons roughed us up.

Aug 21, 2012 at 12:04 AM

dcains
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p.1 #18 · Photography at Art Fair - Legal/Moral question

trenchmonkey wrote:

I hope you told him to leaf you alone

I wish you could have been there

I was too surprised for such a retort.

Aug 21, 2012 at 12:06 AM

trenchmonkey
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p.1 #19 · Photography at Art Fair - Legal/Moral question

next time, buddy....we'll show 'em.

Aug 21, 2012 at 12:10 AM

Sam tran
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p.1 #20 · Photography at Art Fair - Legal/Moral question

Actually, I was there last spring too and noticed there was a plate that spell out the copyright for that freaking tree in the area. The state of CA is ran out of $$$$ and trying to get cash wherever they can. They even thought that they can count on the 1.4 billion dollars of tax revenue on FaceBook's stock option IF ( an big if) the stock value held on at $40 range when those "filthy rich" sell their stocks. Now that stock is going south/down, watch out for many new schemes from the CA gov.

Aug 21, 2012 at 12:33 AM

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