Legal Question in Intellectual Property in Oregon

Rights to photographic images.

My question pertains to the legal "rights" that

the owner of a private residence has to the

photographic images of their home. Do they have to

grant permission before a photo taken of their

home can--name removed--reproduced for publication

in a

magazine or book? What about the owner of a

commercial structure? Finally, what about

governmental buildings?

Thank you ve


Asked on 9/18/99, 8:00 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Rights to photographic images.

Generally, publicly available views of buildings can be photographed and the photographs reproduced. The photograph is then a work subject to copyright protection. It is probably you the photographer that has the copyright, not the building owner. It is possible to copyright a building, and that prevents duplication of the building...a quite different thing than a photograph taken from a public street. One caveat...be careful not to imply a sponsorship or association between you the photographer and the building being photographed. That is, if you take a picture of the Sears Tower or World Trade Center, do not imply that Sears or the NY Port Authority endorse the respective pictures or are associated with you in any way.

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Answered on 9/21/99, 7:57 pm


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