Legal Question in Intellectual Property in Illinois

Re: Making an art model for sale

You may be OK, but it is not crystal clear. In a 1998 case, in the U. S. Court of Appeals for the 6th Circuit (in a 2-1 decision with a strong dissent), the Rock and Roll Hall of Fame was unable to win an argument that it could prevent a photographer from selling photographs featuring the distinctive building. Based on that case, you would seem to be OK, particularly with respect to a public building.

However, there are other arguments that the court did not address, and add to that the fact that Illinois is in the 7th Circuit, not in the 6th Circuit. I would be a little more cautious. First of all, there are older cases in favor of White Castle and Two Pesos restaurants that protect the restaurant designs, at least from other restaurants. Also, the copyright law was modified in 1992 to specifically protect architectural designs.

Given that, if the building is an older landmark, I think there is little question that you can sell copies in paper. If the building is a commercial enterprise such as a fast food chain, or a recent design, I would urge you to talk to an attorney about the specific facts before you copy the building design.

David K. Staub - Chicago, Illinois tax and business attorney