Legal Question in Intellectual Property in California

Allowed to paint scenes of public communities?

I paint pictures. Recently while at a ''master-planned'' neighborhood making reference sketches (the pathways, foliage, picket fences, gates, lakes, houses), I was approached by someone from their homeowner's association who barked ''I hope you don't plan on profiting off any of that; we're going to have to see what we can do about you.'' He then requested that I stop sketching!

I'll admit that the home architecture and community area design IS rather different (instead of Southern Californian styles it's more European) and picturesque, yet these neigborhoods are open to the public (ie: not gated) and there's nothing to indicate any restrictions.

I WAS planning on painting originals and selling giclee prints of these images. I'm sure we've all witnessed a number of artists sit themselves down in the middle of a popular shop, bistro, streetcorner, park, neighborhood, etc and paint away without any worries of being threatened. So should I be worried or can I just tell them to ''have a (not so) nice day?''

Thanks much for any help you can provide!


Asked on 10/17/02, 9:22 pm

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Allowed to paint scenes of public communities?

When Congress passed the Architectural Works Copyright Act of 1990, one of the specific discussions was on the taking of photographs of buildings. It was decided to include in the act an exclusion for photographs, so that visitors (for instance) could take photographs of the places they have been without worrying about being copyright infringers. It could be argued that what you are doing is akin to taking photographs, and is therefore permissible.

Generally, if you can see a building from a public place (such as a street), you are free to photograph it. If anyone is infringing on another's legal rights, it is more likely the person who accosted you.

This is intended to be for information only and is not legal advice. No attorney-client relationship is created by this response. If you need legal advice you are encouraged to consult with a competent attorney.

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Answered on 10/25/02, 9:20 pm


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