When Is Public Art Not for the Public?

By Richard Amada on Jul 6, 2011 | In Visual Arts

The answer to the question posed in the title of this post is:? Possibly when the "public" is a professional photographer who sells a photo that includes an image of someone else's public art creation.

In this case, I'm talking about a Seattle public artwork known as "Broadway Dance Steps," which was created by sculptor Jack Mackie.? In 2009, Mr Mackie sued photographer Mike Hipple after Mr Hipple sold to a stock photo agency a picture he took of a woman dancing next to the work of art.

Mr. Mackie claimed copyright infringement.? Mr. Hipple claimed fair use.

The issue remains undecided because the case was recently settled before it went to trial.? In his blog, Mr. Hipple said the financial stakes made it such that it wasn't worth continuing the fight.? "I did not realize then that selling a photograph which includes part of a copyrighted public artwork can violate that copyright," his blog states.

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