More stuff you can't photograph?

[chris jordan]

There is a famous tree in Monterey, CA, called the Lone Cypress, which sits on the edge of a cliff in gorgeous twisted ancient form. Nearby is a cheesy lodge that decided to make the lone cypress its logo. So they had an artist make a logo that looks just like the famous Lone Cypress tree. Then they put up a plaque near the real Lone Cypress saying that all photography of the Lone Cypress tree is prohibited! What a friggin joke. The tree is hundreds of years older than the lodge! The sad thing is that virtually everyone who visits the tree obeys the plaque. I went there ane set up my tripod for awhile once, hoping to get caught so I could end up in court and put an end to this shenanigan.

[fred arnold]

That's an interesting situation, as I was there in november with my Mamiya, and photographed (extensively) not only the Bean, but the cops on their segways guarding the Bean. Last summer I ran into a visiting art prof from Cleveland shooting it with his 8x10 Hobo on a tripod, in the middle of everybody, and once again, not a peep. (unless you count a few curious souls wondering about the camera)


Maybe somebody had simply missed their donut break that morning and their blood sugar was a little low?

[Pete Watkins]

Thank God that I live in the UK, the land of the free!

[Glenn Kroeger]

Ahhhh, but we still have important freedoms!


http://www.cnn.com/2005/LAW/02/08/video.voyeur.ap/index.html

[Bob._3483]

"Then they put up a plaque near the real Lone Cypress saying that all photography of the Lone Cypress tree is prohibited"

Sounds like a job for come creative work with a can of petrol and a match...

[David Young]

>> I went there ane set up my tripod for awhile once, hoping to get caught so I could

>> end up in court and put an end to this shenanigan.

Ah.... the rub is that the Lone Cypress is on PRIVATE PROPERTY... the Lone Cypress is Trademarked (the tree.... not just the logo). The property owners are well within their rights to restrict photography on their property, and to protect their trademark.

Not that I agree with their stand.... but frankly I'd rather shoot the cypress down the road a bit at Point Lobos or even a little further down at Big Sur.

[Glenn Kroeger]

While it is certainly possible to trademark 3-dimensional objects such as trees and control what people do on private property, they cannot prohibit the photography of the tree from public places. For example, assuming I violate no FAA regulations, I can use a plane or helicopter and take photographs of anything on the ground I want. I can also record thermal IR emissions, the magnetic field or take gravity readings or passively acquire any other physical data I wish. Trademark infringement would only come from particular commercial uses of any such photographs.

[Mike Baker]

Very interesting replies. I've taken a number of photos of Millennium Park, on a number of occasions, and have only been questioned by security there once. He asked what I was doing. I told him I was taking pictures (obviously). He said ok, and moved on. I had my full gear, tripod, camera bag with lenses, camera (of course). I guess I'll take j.e. simmons advice...keep a copy of statute (17 USC 1, Section 120 (a)) handy.

Was wondering if I am violating any copyrights if I submit my photos in a contest?
Any guidance would be appreciated.
Regards..

[Ed Richards]

> I printed a copy of this act and carry it in my camera case just in case. I also take this to mean that commercial photographs (those designed for advertising) are still prohibited without permission.

The copyright on buildings deals with building a copy of the building. You can take commercial photos of the building. The problem comes if you try to use the building as part of your trademark. For example, there is a case about a picture of the rock and roll museum. The court drew the distinction between using the image of the museum as if the owners were endorsing another product, or if your record company wanted to use a picture of the building as its trademark. That would be prohibited. Just selling postcards of the museum was OK. Here is the case on my WWW site:

biotech.law.lsu.edu/cases/IP/trademark/rock_and_roll.htm

The public sculpure question did not come up last time I taught IP law, but I will check with some copyright experts to see what the law says about that.