Can I shoot someone writing calligraphy

'Is it legal', 'can I do this' type questions and discussions.
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Halie0201
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Can I shoot someone writing calligraphy

Post by Halie0201 » Sun Feb 12, 2017 11:05 pm

Hello,

I shot some videos in China Town about a Chinese artist writing calligraphy (He was located in the street at that time). He is writing Chinese "antithetical couplet" to sell for money(about 1 dollar per/pair)I shot the whole process during his writing and the final work. I didn't include his face in the video but just his working process and the final work. Can I public this video? Is this video an infringement of the copyright?


Thank you!

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AndyJ
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Post by AndyJ » Sun Feb 12, 2017 11:27 pm

Hi halie,

There is probably copyright in his calligraphy as an artistic work, and it is possible that what you recorded would count as a performance, which technically requires the permission of the person being filmed. Was he aware you were recording? If he was and made no objection, I think you can take that as tacit permission to record.

Making the recording for personal use is not likely to infringe. However publishing the recording of the calligraphy without permission would infringe the copyright in it. Although certain fixed objects in public places, such as statues and buildings may be filmed without it infringing their copyright, this does apply to other types of artistic work.

But I have to say this is more of a technical infringement rather than something which I think you would be sued over.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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