Re: Photos of Architectural Works

From: Robert A. Baron <rabaron[_at_]pipeline.com>
Date: Mon, 28 Oct 1996 00:23:05 -0500 (EST)

On 10/23/96, Kenneth Crews wrote:
>

[...]
> Stop! You're both right! If you are using someone else's photo, then
> you are likely to need permission of the copyright owner to publish
> that photo. But Section 120 allows the making of photos of
> architectural works "if the building in which the work is embodied is
> located in or ordinarily visible from a public place." So you may need
> permission of the owner of the building if it is not visible to the
> public. For example, F.L Wright has a building called "Wingspan" in
> Wisconsin that is not visible without permission to enter the land.
>
> Kenny Crews
> Indiana University
> <kcrews[_at_]velcome.iupui.edu>

So what about the Rock and Roll Hall of Fame? They trademarked their building and by so doing claimed (successfully) that an independant photographer who was selling a poster of their I.M.Pei structure violated their trademark. (New York Times, 6/16/96). They used trademark to circumvent the rights provided under copyright. If this is a successful ploy, the article notes, the very skyline might be in danger!

---

Robert A. Baron
Museum Computer Consultant
P.O. Box 93, Larchmont, NY 10538
rabaron[_at_]pipeline.com Received on Mon Oct 28 1996 - 05:23:36 GMT