Great link. Every time I read that one, I have a chuckle.
Seven theories, no winners. As noted though, the Court doubts HSBC is going to use another picture of plaintiffs Property in a future ad.For the OP it's not as easy as can I do that or not?
1) Location - What Country
2) Age - If there was a design protection did it expire?
3) Architectural Distinctiveness
4) Where were you standing when you shot it
5) Historic? Does someone like Heritage or NT (UK) claim to own the rights to images.
6) freedom of panorama = Not allowed, Italy
http://en.wikipedia.org/wiki/Freedom_of_panorama7) Copyright or trademarked design.
8 ) Group of shots and buildings (one site says over seven?) which makes it a landscape or cityscape, not an individual subject.
There are more that I don't have a clue exist or never heard of.
This is not an easy Yes or No question.
I woulld have thought that unique or distinctive properties would need releases if they were the main feature of he photo.
This case may create more questions than answers, but it is interesting.
http://propertyintangible.com/2010/08/houses-right-of-publicity.html