Is it considered stealing if a art gallery visitor photographs a photo with their phone or camera?
Visitors to an art gallery can see many paintings, sculpture or photos but some like to photograph the images with their cell phones. They can print these later when they get home, so are they really stealing the work when they do this? This may be a form of the artists identity.
I think it is not legally considered stealing. If you check all the Public Domain and Creative Commons photes that are pictures taken of museum pieces, that tells me it is not illegal to do this.
Legally it's only stealing if a sign is clearly posted forbidding photos. I think artists need to be more protective of their work and don't be ashamed to require a gallery or museum to ban photos. Museums do have certain exhibits with these requirements while other areas of the museum are more lenient. An artist's work is personal and they should not feel forced to cheapen it or give it away.
Most galleries and museums post signs that prohibit photography, for a multitude of reasons. If the light is controlled in the exhibit space, it's hard to get a good shot without a flash, which is bad for most paintings, prints and photos. Most artists want to have some creative control over images of their work, and your crappy smartphone photo really doesn't do it justice. And yes, people do take photos in order to create prints---sometimes, not just for themselves. The artist, gallery, or museum may be selling prints, postcards, and books themselves, and they don't want people helping themselves to that work without paying.
Yes the museum wants to sell their souvenir gifts...but I was reading an article about artists work being copied and saw an image of a woman snapping a photo of a framed photo in a gallery and was incensed. As an artist I feel this is stealing.
Most who download music illegally aren't looking to sell it but that doesn't negate that it's stolen.
With law theft means you would be deprived of your art meaning no longer in possession. Taking a picture does not do that. Infringing on a copyright would be the next step to consider. That would consider reproduction of a work in some form without permission.
I don't think it's stealing in the sense of taking an object from a store,shop or a person or private property and keeping it or selling it on but it is a sort of intellectual theft.
If you took a photo without permission of the artist and made money from it or used it in a defamatory way you could potentially cross the red line I suppose, if someone took offence - the artist for example!
Some galleries have clear signage about their policy regarding photography and will actively discourage people from taking photos. This prohibition is usually on the insistence of the artist who perhaps has new material on display that they don't want seen outside of the display space.
Legally, not really, although if the person taking the picture decides to sell the pictures or make copies of the work without permission then I guess it's a breach of copyright.
Personally I don't think it's stealing and I see it as a form of documentation, but some artists choose to ban photography in any form because they feel it 'cheapens' the art. This is all up to personal interpretation, obviously.
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