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 shuzzi
Location: New Hampshire
Gender: Male
 |  |  | Copyright Information
< on 12/8/2008 10:34 PM >
|  | | | If there's another article on this specifically then please redirect this but I haven't found one.
Anyway, if anybody else has ever debated about selling certain photos you've taken that may or may not involve trespassing, private property circumstances, etc.. then this is the scoop on commercial use of photos in a quick article from a copyright and trademark blog.
http://www.patentc...ssion-to-publ.html
"Do I need to ask permission to publish a picture that I took that contains several local buildings and a city cultural monument? I'm so glad you asked. The short answer is "probably not". Here's the scoop.
If you took the picture, you own the copyright (with exceptions, if you were hired to take it). As for the copyright in the buildings, it's true that architecture created after 1990 is protected under copyright law, but that's not an issue for you because there is an exception that permits you to photograph and publish constructed buildings that are publicly viewable. (That's not true if you must trespass on private property to photograph the building.) Even if the building contains sculptural elements like vampire figures, you can still photograph those elements and even use them as part of the backdrop in a Batman movie. (I'd refer you to Circular 41 -- Copyright Claims in Architectural Works -- for more information, but the Copyright Office is currently updating it.)
The city monument may be a different copyright issue. If it has been around for more than 85 years, it's most likely in the public domain (and even if it's newer than that, it may be PD as well -- see Fishman's fab PD Nolo book or his new treatise for more info). Post-1923-created monuments may be protected under copyright law, in which case, you can expect to get hassled (though public pressure can always change public policy). Generally, you don't need to worry about a lawsuit over photos of public art unless your use is blatantly commercial -- for example, in a movie, TV show, or on a poster.
There's a minor hiccup when it comes to trademark law. Building owners have claimed building appearances as a trademark when used in connection with the sale of goods and services -- think White Castle and the Sears Tower. But in order for a trademark owner to stop you, the following would have to be true: (1) the building would have to have an identifiable, distinctive appearance; (2) the building would have to be publicly associated with certain goods or services; (3) your use would have to be commercial (not editorial); and (4) your use would have to be linked to an offer or endorsement of similar goods or services. For example, you will run into problems if you use a picture of the Transamerica Pyramid in an ad for another company's financial services. Generally, this strategy hasn't always fared so well for trademark owners, and you probably won't need to worry about it. If you are concerned -- for example, you're working for an ad agency or movie company -- obtain a release for your photography. (There are property releases in my book on getting permission.)
Actually, the biggest hurdle for photographers in public spaces is a national paranoia following 9/11, as exhibited by building owners, employees, and security guards. Photographers of public spaces are now considered suspect even when taking pictures of their own kids. Anyway, feel free to come by and photograph the Nolo building before the company is moved out of town. Or better yet, feel free to shoot the Dear Rich Building (see above) anytime -- the Dear Rich Staff will even take you on a guided tour."
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nutekk
      
Location: Central NJ
Gender: Male
| |  | Re: Copyright Information
<Reply # 1 on 12/9/2008 1:29 PM >
| | | | excellent post, and it's nice to read information which can be printed out and handed to the idiot security guard who runs outside onto a public sidewalk, threatening me & my camera. i'll just let him read it, then if he doesn't want too, i wont feel bad about twisting his head off if he tries to touch me 
hey, i gave him a shot at educating himself!
cheers !
" Take only pictures, leave only footprints" |
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terapr0
  
Location: Sauga City
Gender: Male
www . tohellandback . net
| | | Re: Copyright Information
<Reply # 2 on 12/10/2008 11:08 PM >
| | | | excellent article.
Im not sure if this applies to the US, but I seem to recall hearing that post 9/11, Canada passed some sort of law that does actually prohibit the photography of certain "critical infrastructure" - mainly active power plants, drinking water resevoirs, oil refineries, etc.... Anyone have any more info about this? Im waaaaay to lazy from work to do any type of meaningful search atm.
I've been asked to stop taking pictures of a certain petro canada refinery on several occasions, despite my location on a public sidewalk across the street. Im no lawyer, but I always thought that if they didnt want me taking pictures of their 200ft tall buildings and smokestacks, they should build a 250ft tall fence around the whole damn thing.
just my $0.02
www.tohellandback.net |
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AnAppleSnail
Location: Charlotte, NC
Gender: Male
ALL the flashlights!
| | | | Re: Copyright Information
<Reply # 3 on 12/11/2008 12:55 AM >
| | | | Posted by terapr0
excellent article.
Im not sure if this applies to the US, but I seem to recall hearing that post 9/11, Canada passed some sort of law that does actually prohibit the photography of certain "critical infrastructure" - mainly active power plants, drinking water resevoirs, oil refineries, etc.... Anyone have any more info about this? Im waaaaay to lazy from work to do any type of meaningful search atm.
I've been asked to stop taking pictures of a certain petro canada refinery on several occasions, despite my location on a public sidewalk across the street. Im no lawyer, but I always thought that if they didnt want me taking pictures of their 200ft tall buildings and smokestacks, they should build a 250ft tall fence around the whole damn thing.
just my $0.02
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I have yet to hear of any terrorist plots involving a terrorist photographing the target. Ever. It's just a handy montage they use a lot in movies...
Achievement Unlocked
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metawaffle
King of Puns
Location: Brisbane!
Gender: Male
Purveyor of Fine Lampshades
| | | Re: Copyright Information
<Reply # 4 on 12/11/2008 3:15 AM >
| | | | Thanks, I was expecting some sort of rant, but that was actually worthwhile 
http://www.longexposure.net |
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TurboZutek
King Dick
Location: Scotland
Gender: Male
Giant octo-penised rapephant
| |  | | Re: Copyright Information
<Reply # 5 on 12/27/2008 5:59 PM >
| | | | Before giving out legal advice, it might be worthwhile indicating which / what jurastiction this is valid in?
US? Canada? Jerusalem? Pakistan? UK? Global?
What and where; always handy to know.
Chris...
We all had ostriches. My dad had an ostrich farm! I remember one day someone came in and said the high altitude bombing of Kosovo had been a limited success, so we all went out and celebrated… by killing an ostrich and boiling it in kiwi fruit. |
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Intrinsic
Location: Collingwood
Gender: Male
| | Re: Copyright Information
<Reply # 6 on 12/27/2008 6:36 PM >
| | | | This is pretty good information for Canadians and also mentions the Security of Information Act which came into effect after 9/11
http://ambientlight.ca/laws.php
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