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To: MeganC

From American Society of Media Photographers.

In addition to property-release issues, you also need to think about copyright concerns vis-à-vis buildings if they were built after December 1, 1990. Before that, buildings did not have copyright protection and were thus, by definition, in the public domain. Shoot away.

In general, buildings erected after December 1, 1990 do not pose a big problem either. There is a “photographer’s exception” to a building’s copyright owner’s rights that permits the photography of buildings. This gives a wide leeway to the definition of “building”; everything from gazebos to office towers are included. As long as the building is in a public place, or visible — and photographable — from a public place, there is no infringement of the building’s copyright owner’s rights. This rule includes private as well as public buildings.

Not that it all they cut and dried.

PACA Special Releases List-
As a service, PACA members have compiled a list of properties and objects that may cause problems if shown photographically. Some of the properties and objects are alleged to be covered by trademark, others by contract (i.e. the terms by which a photographer was granted access to the property).
PACA does not have a position as to whether the use (either commercially or editorially) is in violation of any applicable laws, but merely advises users to seek advice from their own legal representation to determine if any additional permissions are required under the circumstances. The list is not intended to be a complete listing of all subjects, but merely ones that particular members have brought to our attention.
(site has a long list of buildings that likely will result in legal action)

Key legal terms
Public space - see 17 U.S.C. 120
interiors are problematic.

Enjoy


80 posted on 09/12/2014 3:16:46 PM PDT by ASOC (What are you doing now that Mexico has become OUR Chechnya?)
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To: ASOC

If someone wants to control the images of their building then they should not build it where anyone can see it.


81 posted on 09/12/2014 4:37:30 PM PDT by MeganC (It took Democrats four hours to deport Elian Gonzalez)
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