copyright with art repro

[Ronald Garrett]

Am I to understand then that if I take a picture of a publicaly displayed statue, I can't in turn sell that image cleanly? Some statues are very old, some the artists have died? what happened to the requirement of claiming copyright? It would seem that almost no landscape images would be safe?

I think the government needs to clarify things a bit?

[Jerry Skrocki]

Copyright only covers "original works of authorship'" and copyright duration is 95/120 years (depending on copyright date). After 1978, registration of copyright was no longer required for copyright protection.

Landscapes are not covered under copyright law.

Copyright Office Basics

Architecture designed or built before December 1, 1990 is not covered under copyright law:

U.S. Copyright Office - Copyright Claims (Circular 41)

Photographs of copyrighted works cannot be used for commercial purposes or financial gain without consent of the copyright holder.

U.S. Copyright Office - Copyright Law: Chapter 5

Jerry

[Ronald Garrett]

All this is very confusing to me. I have to ask these questions.
1. What is the definition of landscape?
2. Does that mean any building over 20 years old is copyright free?
3. Who owns the copyright of the Mona Lisa? By definition, can a photo of that famous image be resold?
4. Does a copyright holder have any obligation to attach copyright notice to affected objects?

For awhile I photographed lots of old houses that were built long ago, {lots of them in a nearby town }. Most of them are listed with the historical society. Almost all were photographed from public property. Will there be issues if I try to sell any of these images?

It would seem like there are two courses to be followed.
A." Damn the torpedos, full steam ahead". Sell what you can.
B. Hire a lawyer to double check and make sure one is safe selling an image?

I like to do things on the up and up. Trouble is I don't know up from down on this issue.

[Jerry Skrocki]

Ron,
I am not a lawyer and these are my interpretations of what I have studied in copyright law.

1. Wikipedia defines landscape as:

A landscape comprises the visible features of an area of land, including physical elements such as landforms, living elements of flora and fauna, abstract elements such as lighting and weather conditions, and human elements, for instance human activity or the built environment.

Whether or not a man-made sculpted landscape is considered a work of art is subject to interpretation.
2. Yes
3. The Mona Lisa does not fall under copyright protection.
4. There is no obligation to attach copyright notice to copyrighted work, although it does makes make for fewer violations and increased chance of collecting damages.

What has not been discussed is Trademark. The Lone Cypress® is a trademark image of Pebble Beach Golf Club. It is a landscape image that is owned and registered for commercial purposes.

There may be buildings that are also registered trademarks and images of these buildings cannot be used for commercial purposes.

Jerry

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