Copyright Of University Landmark Photographs

I would like to start a company selling photograph of University and College Landmark buildings. I will take the photo of the college or university landmark and sell them. Do I have to purchase licensing from each school even though the photographs are taken by me? There will be no logos nor university on the photo. It is simply a photograph of the university or college photo in a frame.

The photos are taken by me so are copyrighted by me. Am I infringing on their university copyright or trademark by selling the photo of their landmark without permission? Please advise.

Preston

Buildings are neither copyrighted nor trademarked.

As long as you're not passing yourself off as affiliated with these Universities (frex, claiming the photos to be "official" in any fashion), sell away.

After further research you are correct that buildings are not copyrighted only if it is built prior to Dec 1, 1990 however if it is built after Dec 1, 1990 then they can be protected.

The excerpt is below on the law below.

"Architectural works became subject to copyright protection on December 1, 1990. The copyright law defines “architectural work” as “the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings.” Copyright protection extends to any architectural work created on or after December 1, 1990. Also, any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection. Architectural designs embodied in buildings constructed prior to December 1, 1990, are not eligible for copyright protection. See Circular 41, Copyright Claims in Architectural Works"

I have read that it is not infringing on a copyright if the photograph is taken in a public place however what if the photograph is taken on campus which I assume is private. Would this be infringing because the photograph was taken on the university campus.

In addition, what if the building is part of the school logo. For instance, SDSU logo seen in the link ---> http://www.sci.sdsu.edu/~abaljon/sdsu_logo_5.gif
Would this be infringing?

Preston

Are you planning to photograph universities built after 1990?

If you're this concerned, consider contacting the universities you plan to photograph and ask for permission to shoot on their campuses.

Yes, I am plan taking pictures of most university buildings which are built before and after Dec 1 1990. I can't contact them and ask permission because I know they will basically tell me to purchase licenses for the photographs and it will be a very expensive process.

If the photographs are not violating any trademark or infringement then it will be less costly. Thus, I am researching prior as well as seek advise. In the end, I will seek lawyer advice but I want to know others opinion like yours. Thanks for your replies and any info will be greatly appreciated.

I was wondering if there is a website for case studies on similar photograph copyrighted cases I can search.

My situation seems that there can be issues and cannot be issues that I can be sued. There seems to be a gray area. For instance, the schools can say the building represents their trademark and the photograph was taken on their campus which is private property. Could this be infringing. Not sure if the arguments are legit or not. Yet, the copyright law interpretes that photographs of buildings are Not infringing as long as it taken from a "public" area and built before Dec 1990. Just brainstorming.

Preston

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Quoting preston714

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Yes, I am plan taking pictures of most university buildings which are built before and after Dec 1 1990. I can't contact them and ask permission because I know they will basically tell me to purchase licenses for the photographs and it will be a very expensive process.

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I am confused. If you already know the legal answer, what is the question.

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My situation seems that there can be issues and cannot be issues that I can be sued. There seems to be a gray area. For instance, the schools can say the building represents their trademark and the photograph was taken on their campus which is private property. Could this be infringing. Not sure if the arguments are legit or not. Yet, the copyright law interpretes that photographs of buildings are Not infringing as long as it taken from a "public" area and built before Dec 1990. Just brainstorming.

Preston

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I know that my alma mater, the University of Georgia, had the arches under copyright since, basically, forever. These arches have been there since the 1790's or so.

I don't know the legal answer to my questions because I am not an attorney. For this reason, I am posting it here in case there is an attorney who can answer the question legitimately. I am just researching for now and making assumptions which could be incorrect.

Read this:

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Quoting 17 USC § 120. Scope of exclusive rights in architectural works

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(a) Pictorial Representations Permitted. — The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.

(b) Alterations to and Destruction of Buildings. — Notwithstanding the provisions of section 106 (2), the owners of a building embodying an architectural work may, without the consent of the author or copyright owner of the architectural work, make or authorize the making of alterations to such building, and destroy or authorize the destruction of such building.

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Further, while the buildings themselves may or may not be trademarked or under copyright, saying that this is X building from Y university may be.

The University name and logo ARE covered.