I took a really nice photo that incorporates a mural in a live music venue. It is not just a photo of the mural, but it is predominant in the pic. It would make a great print to sell, but I'm not sure if I would violate the artist's or the venue's copyrights. Any thoughts?
You updated information does not really change any of the prior answers. It is still a derivative use of a copyrighted work. When you ask "What about just posting it on the internet?" the answer would depend on what you mean by that. Putting it up on your facebook page for your friends to see is not something the artist or venue woul dbe concenred about, but making it part of a prtfolio of yorus for example or using it as part of your profesional web pagedesign would violate the rights of whoever holds the copyright in the piece. "Commercial use" does not only mean making money off of the piece, it also means obtaining any benefit from the piece such as using it to decorate a web page
The copyright in the mural belongs to the artist. The mural itself belongs to the venue if it's on their wall, but even they can't reproduce it on a t-shirt or postcard or poster without a license from the artist/creator. Your photo is a "derivative work" of that art.
The mural may also be a Visual Art covered by the VARA, a federal law written for this type of art that protects the artist's "moral right" from damage to the integrity of their work because it's arguably significant.
You need permission from the artist to print this photo and sell it.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
You own the copyrights in your photo, but your photo included a picture of the mural. Thus, your photograph is a derrivative work--it incorporates someone else's work. You need to get a license from the author of the mural, and your clarification does not change anything.
