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Author Topic: photo as copyright infringement?  (Read 810 times)

mburianyk

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photo as copyright infringement?
« on: 07-18-17 at 12:12 pm »

Can taking a photograph ever be considered as copyright infringement? As an example, if I take a photo of a building, can the owner of the building claim copyright infringement? Or, if I take a photo inside a theater, could that be infringement of any type?

I'm in Canada, so would be most interested about Canadian IP law, but the US experience is also of interest.
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MYK

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Re: photo as copyright infringement?
« Reply #1 on: 07-18-17 at 02:43 pm »

Can't tell you about Canadian law (other than that Moosehead is legal there);  U.S. law says that merely taking a photo isn't infringement.  Commercial photography can be, however, so if you are planning to sell photos of very recognizable buildings, you may have to get a license.

http://www.diyphotography.net/10-famous-landmarks-youre-allowed-photograph-commercial-use/
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Robert K S

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Re: photo as copyright infringement?
« Reply #2 on: 07-18-17 at 06:02 pm »

Taking OP's first sentence alone, obviously, yes, photographing a copyrighted work (e.g., painting or photograph) can potentially infringe inasmuch as such an act is essentially a duplication of the copyrighted work.
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This post is made in the context of professional discussion of general patent law issues and nothing contained herein may be construed as legal advice.

whiskydreaming

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Re: photo as copyright infringement?
« Reply #3 on: 08-02-17 at 09:55 pm »

There are restrictions.  The Eiffel Tower at night is one example. 
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Smokin

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Re: photo as copyright infringement?
« Reply #4 on: 08-04-17 at 09:33 pm »

Typically, taking a photo is not copyright infringement unless like Robert mentioned, its a slavish copy/ photograph of a protected work.

the Eiffel tower is a building in the public domain which is ok to take a picture of, however, IP run a muck has seen people string lights on the Eiffel tower and then trademark it, so while the tower itself is in public domain, there is a weird trademark issue with the lights that are used on the Eiffel tower.

Some places dont allow photos to be taken, but they usually can use copyright protections to enforce that rule. Some use a right to privacy, and if that is not applicable, then really the only thing a private owner can do is kick you out.

http://www.krages.com/phoright.htm
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CRfan

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Re: photo as copyright infringement?
« Reply #5 on: 09-10-17 at 07:52 pm »

Smokin wrote, “…there is a weird trademark issue with the lights that are used on the Eiffel tower.”

I’ve understood that the Eiffel Tower is protected by French trademark. 

The Eiffel Tower’s various expressive lighting designs (light shows, golden illumination, twinkling, beacon, and events lighting) are protected by French copyright rather than trademark. 
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