RE: Is "Air" a Public Space?

From: Agenbroad, James \(Civ,ARL/CISD\) <jagenbro[_at_]arl.army.mil>
Date: Thu, 19 Jan 2006 13:05:01 -0500


And there have been some 4th amendment cases on this as well.

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Roland Cole Sent: Thursday, January 19, 2006 11:16 AM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Is "Air" a Public Space?

There have actually been "privacy" cases on this - fly-overs to take pictures of the "backyards of the stars" in California. But I do not think
those cases addressed the copyright issue. I do not recall exactly how they
came out - I seem to recall it was OK for the pilot to look, but not to take
photos that he or she would then display or sell for commercial purposes,
but perhaps I am remembering them incorrectly.

Roland J. Cole, J.D., Ph.D.
Executive Director
Software Patent Institute
5315 Washington Blvd
INDIANAPOLIS IN 46220-3062
317-727-8940; cole[_at_]spi.org; www.spi.org

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Scott Butcher Sent: Wednesday, January 18, 2006 5:20 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: [CNI-(C)] Re: [CNI-(C)] Architectural Copyright Registration

I work for an architectural firm and have found that few architectural firms
actually register their design, and copyright infringements suits are rare.
(That stated, there was recently a major $6-million award to an architectural firm who was able to prove that the PLANS for a home they designed were copied. Read a release here: http://www.foleybezek.com/hablinski/hablinski.html). But in that case it
was based upon the architectural plans essentially being taken by a former
employee and used to build a "copycat" house.

An industry publication to which I subscribe recently ran an article on architectural copyright, and an attorney was quoted stating that they advise
their clients to register their design (plans, drawings, blueprints) as VISUAL ARTS. Once the building is constructed, pictorial representations are permitted if
the building can be viewed from a public place, so while I may own the copyright to the drawings used to construct my house, I can't stop John Doe
from standing on a public sidewalk, taking a photo, and using it in a magazine article or poster print or whatever. (I believe that there are two
cases that address this -- one is the Rock & Roll Hall of Fame and the other
is related to a Warner-Brothers movie, though the latter was about sculpture
that happened to be part of a building complex, if memory serves me correctly).

I am curious, however -- is the "air" considered a "public place"? If I want to take a photo of a building on private property for whatever reason,
and I'm unable to get permission, can I take a photo from a helicopter and
use it? (Not that I have the need -- just curious -- especially since the
proliferation of Web sites with digital images of our homes, offices, etc.
from above.)

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Jason sheperd Sent: Wednesday, January 18, 2006 1:21 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: [CNI-(C)] Re: [CNI-(C)] Architectural Copyright Registration

Isn't the same protection afforded by the definition of architectural works
though? I am curious to know how many list members have their client file
two applications, one for graphical/prictorial works and the other for architectural works.

Jason Shepard

>From: "Vance R. Koven" <vrkoven[_at_]gmail.com>
>Reply-To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
><CNI-COPYRIGHT[_at_]cni.org>
>To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
><CNI-COPYRIGHT[_at_]cni.org>
>Subject: [CNI-(C)] Re: [CNI-(C)] Architectural Copyright Registration
>Date: Tue, 17 Jan 2006 16:50:01 -0500
>
>The benefit is to the architect. It means that some other architect, or

>some other home site owner, can't replicate the design of the
>constructed building. Registering the plans and schematics merely
>protects *them* (barring application of the derivatives right).
>
>Vance
>
>On 1/17/06, Jason sheperd <jasonshpd[_at_]hotmail.com> wrote:
> >
> > I've been researching architectural copyright protection and it
> > appears that a home design can be protected and filed as an
> > architectural work and a separate filing as a graphical or pictorial

> > work. Why the two separate registrations? What's the benefit to
> > the client?
> >
> > Jason Shepard
> > Attorney at Law
> >
> > _________________________________________________________________
> > On the road to retirement? Check out MSN Life Events for advice on
> > how
>to
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> >
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>
>
>--
>Vance R. Koven
>Boston, MA USA
>vrkoven[_at_]world.std.com



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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Thu Jan 19 2006 - 23:05:01 GMT

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