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Please be advised that under law, any artwork displayed in public spaces — areas accessible to the general public and located on government-owned land — is subject to constitutional protections for photographers and videographers such as journalists. Artists displaying their work and themselves in such spaces cannot prohibit the photography or filming of their work. This right is also guaranteed by the First Amendment, which protects freedom of expression, including the right to capture images in public places.
While artists retain the copyright to their work, the use of images or videos falls under different legal standards. For journalistic, educational, or informational purposes — such as in our online magazine — federal protections apply. This means you do not have the right to legally enforce the removal of your work from our website unless the images, because these images are not used for commercial purposes, such as selling reproductions of your art or similar.
Since our magazine’s purpose is to inform the public, the use of any work that we capture during our journalistic journey from public places is protected by U.S. federal law. Any legal threats to remove such content are not only unfounded but may expose you to legal consequences, including potential countersuits, for attempting to unlawfully restrict free speech rights and remove imagery legally captured in public spaces, which could result in punitive damages. Under the Bane Act, any individual who attempts to or successfully interferes with another person’s civil rights, as protected by state and federal law, through acts of coercion, threats or intimidation, may be held legally accountable. This includes actions such as physically touching an individual or obstructing the recording of video footage or photgraphy. Such conduct is illegal and may subject the offender to legal consequences, including the recovery of attorney’s fees by the victim, punitive damages, civil penalties of $25,000 or more, injunctive or equitable relief, and restraining orders.
An exception to this would apply if, for example, we somebody were to capture your artwork in isolation, without any connection to the event — such as taking a photograph solely of the art without its surroundings or the event context. In such cases, a removal request would be seen as legally reasonable. However, we do not take isolated pictures of artwork or work of any kind, as our sole purpose is to inform the public about art and related events. Our photos and content on this site focus on capturing the event setting, not any sort of work or art in isolation.
While we are under no legal obligation to remove images of publicly displayed art, we are open to considering such requests as a gesture of goodwill. However, we cannot guarantee the removal of any content. If you find your artwork featured on our website and have concerns about its presentation, we welcome you to submit a request for review below.
We are committed to supporting artists and promoting their work. If you would prefer not to request removal, we offer an alternative solution: we can consider crediting you as the artist in the image, including a link to your website. We believe this approach fosters a more amicable outcome, as it aligns with your goal of gaining visibility and recognition as an artist, while also supporting our mission to highlight and promote local talent.
Please also consider that if we grant your request to remove images from our website as a gesture of goodwill, we may place you on a list of artists who prefer not to have their work displayed. This would prevent your art from being featured in any future content or mentions on our platform. Additionally, if we compile directories or lists of artists in the future, your name would be excluded, effectively locking you out of any future representation or recognition through our channels.
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