Re: photos of storefronts

On Fri, 15 Oct 1999, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
>
> On Thu, Oct 14, 1999, Tamika Hughes <hughes[_at_]mail.temple.edu> wrote:
> >
> > If someone takes a photograph of a storefront, either making the
> > storefront the focus of the photograph or by photographing a row of
> > shops in a street scene, should that someone obtain permission from
> > the store owners before publishing those photographs in a book. What
> > about photographs of a store display taken inside a store? Should
> > the person get permission from the store owner?
> >
> > I welcome any feedback on this.
>
> If the store is visible from a public place and that is where the
> photo is taken from, there are no copyright implications.

On what do you base this conclusion? I understand that section 120(a) precludes a claim based on the copyright in the architectural work, but what about other copyrightable works visible in the photograph -- such as murals or other art work included as part of the storefront? Often the incidental use doctrine would apply, but presumably that depends on the art work not being the focus of or reason for the photograph. Fair use might come into play if the art work were the focus of the photograph, but its application depends on the usual factors and would seem to be little different from its application to a photo of the same art work from another source.

What am I missing?

• Paul Sleven <psleven[_at_]cybernex.net>