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Old 02-20-2007   #9 (permalink)
Jim Sykes
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Jim Sykes will become famous soon enough
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Default Re: Taking photos of buildins legal or elegal?

Quote:
Originally Posted by karaya View Post
U.S. Copyright Law in fact does allow for photography of buildings that are in public view. Buildings are covered under Architectural Works of U.S. Copyright. The part as to photography of such works reads as follows:

"(a) Pictorial Representations Permitted. — The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place."

Now this means the building must be in view from a public place such as a city street or park, but you need to be careful as to what is on the building or property which may be a violation of copyright. For instance works of art that may decorate the building or sculptures on the lawn are likely to be provided copyright protection. So check out what is on and around the building that may be in your image first.

Ray
Yes, but what I have highlighted in bold does NOT include being able to sell the works created, it just says displaying.

If you are going to use something in a commercial application, you still likely need to get permission to do so.

Just as you walking down the street does not keep me from being able to take a photo with you in it and display, say in an exhibit. However, I still do not have the right to use your face on the front of a can of coffee in an advertisement to sell that coffee that would suggest you drink or endorse it.

Using a photo and using it commercially are two entirely different things and therefore have two different requirements for their use.
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