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Microstock Photography Forum - General => General Stock Discussion => Topic started by: unnonimus on February 17, 2016, 15:52

Title: are buildings copyrighted, such as the Empire State Building?
Post by: unnonimus on February 17, 2016, 15:52

NO.


http://copyright.gov/circs/circ41.pdf (http://copyright.gov/circs/circ41.pdf)

FROM THE UNITED STATES COPYRIGHT OFFICE:

The following building designs cannot be registered:

• Designs that were constructed, or whose plans or drawings were published,
before December 1, 1990

this includes the Empire State Building, Chrysler Building, and the World Trade Center. Repeat, ** CANNOT BE REGISTERED FOR COPYRIGHT PROTECTION IN THE USA **

• Designs that were unconstructed and created in unpublished plans or drawings
on December 1, 1990, and were not constructed on or before December
31, 2002

• Structures other than buildings, such as bridges, cloverleafs, dams, walkways,
tents, recreational vehicles, mobile homes, and boats

• Standard configurations of spaces and individual standard
features, such as windows, doors, and other staple building
components, as well as functional elements whose
design or placement is dictated by utilitarian concerns

Title: Re: are buildings copyrighted, such as the Empire State Building?
Post by: Jo Ann Snover on February 17, 2016, 16:43

Copyright is not the only form of intellectual property recognized in the US. If you look at SS's known image restrictions, they refer to "intellectual property infringement issues"

http://www.shutterstock.com/blog/contributor-resources/legal/stock-photo-restrictions/ (http://www.shutterstock.com/blog/contributor-resources/legal/stock-photo-restrictions/)

Title: Re: are buildings copyrighted, such as the Empire State Building?
Post by: unnonimus on February 17, 2016, 17:15

there are 3 types of intellectual property:

copyright
trademark
patent

anything you film or photograph is only covered under *copyright* law. there is no exception to this, regardless of what another company says on their web site.

Title: Re: are buildings copyrighted, such as the Empire State Building?
Post by: Jo Ann Snover on February 17, 2016, 18:58

Do you have a question related to stock photography?

The agencies set the acceptance criteria for images they will represent, and those are the rules we live by for work we want to license through them.

Same goes for model and property release policies.

If you want to explore legal boundaries, license directly instead of through an agency. Then you can set whatever rules you like and take whatever risks you deem worthwhile.