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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Artist selling drawings of my house

529 replies

TechGinny · 07/09/2021 12:43

I've just discovered that an artist local to the area is selling drawings of my property on her website. It's not easily viewed by the road, which means she would have had to enter the land to draw it.

I'm feeling quite annoyed about this, as she has never made contact to ask permission.

AIBU unreasonable to feel like this, and would you make contact to ask her to remove it from her website?

OP posts:
Thread gallery
7
Blossomtoes · 10/09/2021 13:39

@longwayoff

There are many photos and drawing/paintings of this old house and I sometimes open the front door to find tourists standing there to be photographed. I'm just another of the centuries of temporary residents passing through. Not a problem here.
Not just us then!
FrankOrTheBeans · 10/09/2021 13:49

@therealpercypig Oh that's like something out of a fairytale. I did envision a manor at one point. But it sounds as if it's quite a village-type property.

Are we close @TechGinny??

debwong · 10/09/2021 14:24

This cheeky artist is really profiteering out of your notable family property, OP. It's outrageous. At the very least you should negotiate a cut of the movie rights and the fluffy toy merchandising deals. Get your people to call her people asap.

bellabasset · 10/09/2021 15:41

I think if you live off the beaten track where people have access to walk it's unsurprising that OP feels concern as to how the artist obtained the image of her house, was it a drone image for example.

About 25 years ago there was a knock on the door of the 16th century house I worked in and a man had aerial photos of the house he had taken and was selling, which the owners happily bought. This was an old farmhouse where most of the land had new houses built on, and part of an old estate with a manor house nearby and was well known by the local historical society.

PrincessFiorimonde · 11/09/2021 00:14

@debwong

This cheeky artist is really profiteering out of your notable family property, OP. It's outrageous. At the very least you should negotiate a cut of the movie rights and the fluffy toy merchandising deals. Get your people to call her people asap.
Grin Grin Grin
Etulosba · 11/09/2021 10:12

I stand corrected! the building is protected by copyright until 70 years after the architect death.

The design of the house is all that is protected from being copied.

Droite · 11/09/2021 11:07

The copyright issue is a red herring, as it relates to the architect's design. Taking a photo of someone's house doesn't infringe the copyright, just as taking a photograph of a book wouldn't infringement the author's copyright.

Droite · 11/09/2021 11:07

infringe, not infringement

therealpercypig · 11/09/2021 14:33

@Droite

The copyright issue is a red herring, as it relates to the architect's design. Taking a photo of someone's house doesn't infringe the copyright, just as taking a photograph of a book wouldn't infringement the author's copyright.
From my limited understanding infringement relates to commercial usage, which it is in this case as the images are being sold but only if the building is still in copyright with the designer not being dead for 70 years.

Buildings are protected by copyright, it is not possible to use a photo of The Shard or The London Eye commercially without permission.
Still in copyright, but you could of St Pauls or Tower Bridge as they are out of copyright. You can take a personal photograph of either buildings for your own Facebook page without infringement as this isn't classed as commercial use.

Taking a photo of a book cover for personal use (or editorial use) isn't infringement, but if you used that image commercially and the book was still in copyright and /or not pubic domain, then it would be an infringement of the artist who designed the book cover.

We don't know the age of the building in question to establish if its Copyright or not so this is just guess work. But if in copyright the artist should seek permission from the architect. Out of politeness they should speak to the owner but i do not think it is a requirement by law.

Putting an address of the building on the paintings being sold would be a different 'privacy' matter, as would the artist going on to the persons property without permission.

As a rule all original creative bodies of work are automatically protected by copyright for 70 years after the authors death.

Interesting side note - the view from the Top of the Rock in NYC is protected by copyright, so if you wanted to take a photo of the Manhattan skyline / buildings from the viewing platform to sell you would require permission.

therealpercypig · 11/09/2021 14:59

This is has information about buildings and copyright but remember it is different when using buildings for commercial purpose!

Everything changes when you want to commercially profit from someone else's IP.

filmlondon.org.uk/resource/filming-buildings

therealpercypig · 11/09/2021 16:14

@Etulosba

I stand corrected! the building is protected by copyright until 70 years after the architect death.

The design of the house is all that is protected from being copied.

Does this help?
Artist selling drawings of my house
ThePlumVan · 11/09/2021 16:15

Do you live in a windmill?

madermintrude · 11/09/2021 20:14

Meanwhile in Afghanistan...

EspressoDoubleShot · 11/09/2021 21:11

@madermintrude

Meanwhile in Afghanistan...
What an asinine post Are you suggesting everyone is a vapid dullard apart from you. Who’s thinking about Afghanistan
Jill2571 · 12/09/2021 06:07

I agree with all the above - she has been presumptuous in selling pictures of your house without at least doing you the courtesy of telling you what she has done I think it would be quite reasonable to ask her for a complimentary copy of the drawing as well. Sort of rubbing her nose in it.

Etulosba · 12/09/2021 07:03

Does this help?

Thanks. It confirms what I said. It’s the design of the house that is copyrighted.

therealpercypig · 12/09/2021 08:46

@Etulosba

Does this help?

Thanks. It confirms what I said. It’s the design of the house that is copyrighted.

Your earlier comment- 'The design of the house is all that is protected from being copied'

Do you think (and im not being rude just generally want to understand) that copyright can only be infringed (if the building is still under the protection of copyright ) if someone copies and builds the same house?

The design of the house is copied when photographed or painted has it not?

Your comment doesn't make sense?

sue20 · 12/09/2021 13:59

@ApolloandDaphne

How do you know she entered your property? She may have a photograph she was working from.
And how would she get the photograph? She would obviously be working from a photo otherwise she would be seen sketching outside. If actual people in sketch that’s an issue. If she obviously had to enter your land that is too. Otherwise it’s a matter of politeness. Your house isn’t an historic monument. Ask her for a free copy? If you want? It would irritate me I would expect at least an acknowledgement.
Etulosba · 12/09/2021 14:14

The design of the house is copied when photographed or painted has it not?

@therealpercypig

“Buildings are protected by copyright under English law but there is a specific exception under section 62 of the Copyright, Designs and Patents Act 1988 which permits you to take a photograph or film of a building without infringing its copyright. This means that you do not require the permission of the owners of the copyright in a building to make a film or take a photograph of it.”

Does it make more sense now?

Tilia · 12/09/2021 16:28

@Etulosba
The OP has mentioned more than once that her house is not in England.

callmeadoctor · 12/09/2021 16:50

Could a drone have taken a picture?

Etulosba · 12/09/2021 18:29

@Tilia

The poster I was responding to is not the OP.

OhDearMuriel · 12/09/2021 18:37

What would annoy me is that it’s your property and she didn’t ask your permission.
I would confront her due to her to total lack of respect. She’s a CF.

therealpercypig · 12/09/2021 19:24

@Etulosba

The design of the house is copied when photographed or painted has it not?

@therealpercypig

“Buildings are protected by copyright under English law but there is a specific exception under section 62 of the Copyright, Designs and Patents Act 1988 which permits you to take a photograph or film of a building without infringing its copyright. This means that you do not require the permission of the owners of the copyright in a building to make a film or take a photograph of it.”

Does it make more sense now?

Ok I see the point you are making now, I missed construed your previous post.

Looking at Section 62 it doesn't mention commercial usage and also only relates to buildings, statues etc on public spaces / places.

My understanding of copyright- Anyone can take a photo of the London Shard for themselves but they are not allowed to use the photograph commercially -as this will infringed the rights of Norman Foster.

Anyway i still don't know the age of the building but I am now aware its not in the UK so all bets are off, also tbh I'm getting really bored of typing 'infringement' and 'commercial usage'

ManifestDestinee · 12/09/2021 19:40

@OhDearMuriel

What would annoy me is that it’s your property and she didn’t ask your permission. I would confront her due to her to total lack of respect. She’s a CF.
She doesn't need OP's permission. You might want to RTFT.
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