Digital art question

[bardsmaid]

What is the name of your state? California

I create digital art in Photoshop that is based on my photographs (i.e. manipulations of my photos.) I've made some of these with pictures I'd taken of a nearby California State University campus, and put the resulting images on note cards as I have along with other local-interest art I've done.

Now I've heard that you need permission to take photographs at a place like this that you might end up selling (which I never knew, being a law illiterate, and besides, up until now every place I've done a picture of has been really pleased! Obviously large entities don't see this in the same way.) So my questions are these:

Does the university have 'rights' to the digital art I create from a photo taken on their campus? (Is digital art treated in the same manner as a photograph? Or is it different?)

What about a more conventional artist? If a watercolorist took his/her paints out to the campus and painted a picture there, could the university claim some rights to (or restrictions on, or royalty from) that image, because it was of their campus or buildings?

And is there any difference between taking a picture of, say, a structure and taking one of hills and natural features on the campus (strictly nature)? Is it simply that if it's on their property, you're going to need to negotiate some kind of use permit from them?

Thanks for your response.

 

[divgradcurl]

"Now I've heard that you need permission to take photographs at a place like this that you might end up selling "

In general, this is not true. If you are taking pictures from a place that is accessible to the public -- like a street or a park -- then you do not need permission to take and sell photographs. Even on campus in public areas would be okay. In areas where the public does not normally have access -- say, in a classroom or laboratory -- then you may need permission to take and use the photos.

"Does the university have 'rights' to the digital art I create from a photo taken on their campus?"

No.

"Is digital art treated in the same manner as a photograph?"

Yes.

"What about a more conventional artist? If a watercolorist took his/her paints out to the campus and painted a picture there, could the university claim some rights to (or restrictions on, or royalty from) that image, because it was of their campus or buildings?"

No.

"And is there any difference between taking a picture of, say, a structure and taking one of hills and natural features on the campus (strictly nature)?"

None.

The only problem that you could possible run in to is if in one of your pictures you have the University's logo or mascot -- in that case, the University may have some trademark protections available to them. They wouldn't be able to get "rights" to your work, but they could potentially keep you from selling it without a license.

Howver, just pictures of the campus, its buildings, its scenery, etc., you are pretty much in the clear.