Re: Photographs of homes

Rodney Beard <rablaw[_at_]aol.com> wrote:
>
> In the Rock 'n' Roll Hall of Fame case, the building owner had filed
> for trademark protection of the image of the building. Can an entity
> that hasn't previously taken steps to protect the image of a building
> prevent a professional photographer from taking a picture of the
> building and selling a limited number of the prints? What if other
> artistic aspects (trees, clouds, etc.) are in the picture? Wouldn't
> the artist be able to claim legitmate copyright in the photo and have
> the right to reproduce it?

As I understand it, the R&RHF's purpose was not to prevent photography or replication of the building, but to prevent unauthorized commercial exploitation of the building's image, such as use of photographs or depictions of the building on postcards, t-shirts, mugs, etc. They seek to create an exclusive right in an "official" line of R&RHF licensed merchandise.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Wed Feb 05 1997 - 19:52:38 GMT