Is copyright infringed if a photograph is taken of a person who is standing in front of an art work?
• If the inclusion of the art work is incidental, then copyright is not being infringed; • But if the focus is on the art work, rather than the person, then the inclusion of the art work without the clearance of rights would constitute an infringement. For example, the shot of a bookshop which includes the covers of books would not be an infringement and permission for the inclusion of each book cover would not need to be sought. However, if a collage comprised of a hundred album covers is reproduced, permission to reproduce each cover in the collage will need to be sought.
