Stained Glass Photos, copyright question

sara505

I think I know the answer to this question but will ask it anyway.
I have taken a ton of photographs of the stained glass in the three church buildings in my local parish and am in the process of creating a coffee table book for the church, and have also created a calendar for the church and will probably do one every year for a while as a small fundraiser, all under the auspices of the pastor. My question is this: I also own a small gallery and have printed and framed a few of the stained glass photos. I probably would need a release from the pastor or the diocese in order to sell them, correct? Displaying them for my own use, I believe, is acceptable.
Thanks!

Cygnus Studios

For legal questions, you should always consult with your attorney preferably one that specializes in copyright/trademark law.

Now I am not a lawyer, nor do I play one on the internet, so this is based on my experience.

For your own personal use, yes, however there is still a grey area. If you're using the images in your portfolio it can (and some do) be argued that you are using the images for commercial gain. More than likely you would win the case, but still lose money defending your right. Lawyers don't work for free.

As far as permission, for commercial purposes, stained glass this can fall under a few different categories. Copyright and/or trademarked.

If the stained glass is newer, the artist that created may also still hold the copyright/trademark or the church may. You'll need to find out and get the right permission.

If the stained glass is old, (past the time of the copyright/trademark) you'll need to get permission from the church.

Be sure to get that permission in writing spelling out the details.

sara505

It's old, pre-copyright, and I think I'll be able to get permission from the church. Since it's my own parish I'd like to sell the prints with a portion going to the church - washing two hands at once - but I'd like to do this with permission from the priest. Since all of the work I've done in terms of the book and calendars is/will be gratis, I'm hoping this won't be a problem.