Why it might be dangerous to photograph this chair!
I love that chair, but you better think twice before you take a picture of this object, or any other designer furniture.
On Jan 23rd the British Journal of Photography was reporting on a court ruling in France which puts a heavy fine on Getty for licensing images for commercial use that include designer furniture of Le Corbusier. According to the filed complaint the Le Corbusier estate was demanding 10,000 EUR per infringement per day. This is a case where photographer’s copyright and designer’s copyright clash.
The ruling says that the intellectual property right of the furniture designer should be protected, unless the object is just an accessory in the image sold. But when is it merely an accessory? Each court might have a different position on that. Regardless Getty advised then all their contributors to remove any images that contain objects of Le Corbusier, Ame Jacobsen, Eero Aarnio and Mies van der Rohe. I know a few iconic objects by these designers, but by far not all of their work. That’s when it get’s tricky.
Today Getty went even further informing me, and all the other Getty contributors, that I should contact them immediately if any of my images “might possibly include ANY designer furniture”.
Copyright protection is an important instrument in protecting the work of creative people. Nevertheless I believe it also has to adapt to the rapid changes in how we communicate. Apple could possibly file a similar complaint based on the iconic design of their products. In any case, it will make photography more complicated, and besides model and property releases I now have to look on location at any object in the frame twice to see if it could be a designer piece that is protected by intellectual property rights.
