A photograph of a sculpture hardly represents the sculpture itself,
rather, the photograph is an artwork of a photographer who found
art in the perspective captured within a photograph. That
perspective includes much more than the sculpture. For example, in
the picture of that bean in that article, the physical sculpture
represents a TINY fraction of the photograph. It's tiny because
it's a small object in the picture (roughly 1/7th), further the
bean itself has reflections in it which the original artist cannot
lay a claim to (reflections of people, reflections of the sky,
reflections of other buildings).
In your example, you can equate the bean in that photograph, to for
example, a process of a 'murder', in your novel. Yet there are
countless movies and books about murder, which may easily match
your concept of murder.
serge
The Bean sculpture is not a photo. How is a photo of a bean,
reproduction of the art work? Reproduction would be a 3D, physical
model of the bean.
A photo of a bilboard or a poster of a photo hardly compares to a
photo of a sculpture.
serge
Richard's example is valid. I don't think the issue here is
reproduction, it's copyright. If I were to write a novel and
someone else made a movie based on it without my permission, they
are violating my copyright even though no 'reproduction' was made.
The same is true if you sell a photograph based on someone elses
intellectual property (the architect in this case).
There is no easy answer when dealing with copyright, it's a very
grey area.
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