Copyright Protection – Photos of Architectural Structures

Copyright Protection - Photos Architectural Structures

Photographers commonly take photos of buildings, architectural structures and landscapes and of views that encompass structures and then sell them under license seeking copyright protection.   Under the Copyright Act, a private place though open to the public for touring is still not considered a public place. Traditionally copyright protection is for works of authorship expressed in a fixed medium. 17 U.S.C. § 102.

 

But the matter involving a public place having a plain meaning is complicated when the structure is one that could be eligible for protection. The sites that post photos are inclined to see photos of museums, churches, government buildings, monuments as public place structures visible from a public place and not protectable, despite photographers claiming a right to license such photo.

 

Protection does inure to the interior. The exterior however, while visible from a public place, the protection does not inure. If the structure is not visible from a public place that is commonly walked on, copyright protection does inure and photos of structures, as well as sales of those photos can be stopped. Copyrighted architectural work of a design of a structure is prohibited from it being copied, photographed or distributed, if the structure or building on which the design is on, is not publically visible.

 

The interior prohibition of photos, unlike the exterior from a public visible place, read more

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