Thank you for providing this link! In your opinion, does selling art prints ever qualify as “Commercial Use”? Am I permitted to sell art prints of my Italy street photography online (assuming there are no people or copyrighted items included)? What about using the street photography prints on other merchandise such as a mug or phone case? Is that then “Commercial Use”? Thank you!

Hi Jan, As the artist of the mural (or the painter of the canvas), you would be the copyright holder of your work. Whether or not a photographer who includes that mural or painting in a photo would be violating your copyright would come down to the specific nature of the inclusion. For example, if the photograph is effectively (and solely) a copy of the painting, cropped in to show it in its entirety without adding any particular creative perspective on the photographer’s part and the photographer goes on to distribute a physical or digital print that is essentially a reproduction of your original, there would be a good case for infringement; if, on the other hand, the photograph is of a scene of a public park wherein you happen to be painting, and part of your painting is visible as it appears within that larger scene, that is less likely to be an issue. Obviously there is a spectrum in the space between these examples, and I’d suggest consulting with your own lawyer about your specific circumstances.

second if you are working on public art, painting live on your canvas with clothing you hand painted and made, can anyone then shoot to sell, post, have in there art show etc with no credit? Claiming it’s there work?

Hi Sherryjane! In most circumstances, I would expect these terms to be outlined in the bylaws (or other governing documents) of the HOA; governing documents will often reserve to the HOA a right of inspection to examine a property for violations. This may or may not require that the homeowner be given notice; notice is more likely to be required for non-emergency-based violations and/or inspections that require entry into the home itself. These terms should define not only the terms of access for inspection but also for correction of violations if the homeowner does not comply. State statutes may broaden (or limit) the rights as outlined in the HOA governing documents as well (e.g., states may specifically provide for HOA access in emergency situations or may specifically require homeowner notice in various scenarios).

Nolo has some good additional general info here: https://www.nolo.com/legal-encyclopedia/when-you-must-allow-hoa-representative-enter-your-unit.html

Just shoot the image Julie. It’s a simple “Sorry” and maybe even a “Hey, you can’t do that” by a park official. They will just ask you to leave. If you plan the shot you want and don’t hog the scene for an extended period of time, no one will bother you. I have seen entire magazine shoots spontaneously happening on Colorado and 3rd st in Santa Monica, that take up 30 minutes or so. It’s very congested there with street traffic.
My motto “It’s waay easier to apologize than ask for permission in cases where public spontaneity is part of the reason to shoot.