Flickr Home Page: https://www.flickr.com/photos/alanklein2000/albums
Flickr Home Page: https://www.flickr.com/photos/alanklein2000/albums
Your link says:
“The copyright in an architectural work does not include the right to prevent others from making and distributing photos of the constructed building, if the building is located in a public place or is visible from a public place.”
That would seem to clearly contradict you. How does the link support your argument?
Rather the opposite. In my view, there was no room to argue that using The Godfather without purchasing the rights was legal. Consequently, I think that the film is irrelevant to this discussion. More broadly, I think that copyright practice in feature film production, and indeed in commercial documentary production, is not a good indicator of what's legal and what isn't. There are financial and practical reasons (e.g. avoiding the risk of having distribution of your film enjoined until a lawsuit is over) to take a broad view of copyright protection in both.
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Ths is also in the article:
"Generally speaking, only buildings created after December 1, 1990 are protected by copyright. The copyright in an architectural work does not include the right to prevent others from making and distributing photos of the constructed building, if the building is located in a public place or is visible from a public place. Generally you don’t need permission to be in a public place and photograph a public building. There may however, be trademark issues at play. For example use of the Empire State Building in an ad for “Empire State Fashions” without a release, contract or consent from the building owners may lead to legal disputes likely resulting in a trademark action."
It's my understanding if you use a picture of a particular building as part of ad for your product to advertise it, you are going to run into copyright issues. It's sort of like people. You can photograph people on the street in a public area, but you can't use that picture of them in an ad without paying them and getting a release.
Now I'm not a copyright lawyer. So I'd check with yours before doing anything.
Flickr Home Page: https://www.flickr.com/photos/alanklein2000/albums
Flickr Home Page: https://www.flickr.com/photos/alanklein2000/albums
Or better yet, just go to the ASMP website and take advantage of their knowledge of both copyright law, and their activism on behalf of all photographers (and thus creative people).
Less enjoyable than uninformed speculation, rumor, and hearsay, I admit.
Arca-Swiss 8x10/4x5 | Mamiya 6x7 | Leica 35mm | Blackmagic Ultra HD Video
Sound Devices audio recorder, Schoeps & DPA mikes
Mac Studio/Eizo with Capture One, Final Cut, DaVinci Resolve, Logic
Thank you Mark- As someone who has spent many years on the National Board of ASMP, and the local ASMP board here in NYC, I am always a bit bemused by these discussions. Threads like this tend to drift in many directions and folks tend to conflate all kinds of ideas - criminal fraud, copyright infringement and rights of privacy with each other.
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