|From the National Gallery |
E. Manet, Woman with a Kat, ca 1880-82
|Kats in panoramic view|
However, could there be cases in which other copyright exceptions may be invoked successfully by those naughty visitors who happen to take particular types of pictures in front of paintings they are not allowed to photograph? What about portraits or self-portraits (also known as selfies) [Merpel sighs: of course, what else? Ordinary people-free photographs of paintings are not just boring but also so passé, especially considering the quality of one’s own digital reproductions of paintings in comparison to those freely available online]?
|Multi-infringement alert: |
Jerry Hall posing with Lucian Freud's
representations of her
|Surely thinking where |
to take the next selfie
However, considering the in-applicability of Section 62 to paintings and the ambiguities of Section 31, one cannot completely rule out that taking a photograph that, among other things, includes a copyright-protected work outside the permanent collection might be a breach of the National Gallery's own regulations, as well as – in certain cases - a copyright infringement.
Yet, in an age in which mobile devices are everywhere and have actually forced the Gallery to change its own photography policy, how realistic is it to think that this or other similar institutions would sue their visitors (how many of them, all of them?) for copyright infringement for taking unauthorised pictures in front of their "restricted" paintings?