RE: Re: Coipyright in the Hollywood Sign

From: Anne Marie Hawkins <AHawkins[_at_]lucasarts.com>
Date: Thu, 16 Jun 2005 18:20:30 -0400

A quick TESS search shows that there are 15 live trademarks for HOLLYWOOD filed by the Hollywood Chamber of Commerce for various goods and services ranging from clocks to entertainment and advertising services (8 registered, 7 pending). It is still, however, not clear to me how this particular use would be considered a trademark use of the mark -- none of the above applications is for educational services. Also, as Terry has pointed out, if the photograph was taken independently by a member of the University's staff from an open public place, wouldn't that fall under the Section 120(a) Copyright Act exemption?

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Anne Marie Hawkins
Contract Administrator
Business Affairs
LucasArts
San Rafael, CA
415.444.8279
-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org]On Behalf Of amalyah keshet Sent: Thursday, June 16, 2005 1:00 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Coipyright in the Hollywood Sign

Surely the Chamber of Commerce can claim copyright only in its own photograph of the sign?

In this case, the photo was taken by an individual ("by one of our own staff"). Exactly like the zillions of photos of the sign taken by tourists over the years. Surely each holds copyright in their own photographs of the sign.

The sign itself can't possibly be protected by copyright, can it? It's a sign. A word. A name. On a hillside. In a landscape.

The mind boggles.

Could it be protected by trademark?

Amalyah Keshet

At 17:05 15/06/2005, you wrote:

I'm hoping that US colleagues on the list may be able to help with advice on a recent request to pay licensing fees for use of a photograph of the Hollywood sign.  

My university is a distance teaching university in the UK and we host an open web site on which we place educational and general interest content for access by members of the public. One of the activities featured on the site contains a photograph of the Hollywood sign, taken by one of our own staff. We've received a request to pay licensing fees for use of the photograph from the Hollywood Chamber of Commerc, claiming that the sign itself is protected by copyright.  

Is this the case, and does US legislation permit licensing of this kind? Under UK copyright law works of art displayed openly in public places may be photographed freely and a similar photograph in the UK could be used without licence.  

Many thanks  

Richard McCracken
Head of Intellectual Property
The Open University Received on Fri Jun 17 2005 - 02:20:30 GMT