Legal Question in Intellectual Property in Louisiana

Re: Photos of buildings

First, I mention that I am not admitted in LA. Copyright, however, is federal law with some state overtones. I here address federal law only.

Copyright on architectural works only came into the law AFTER 1976 (I don't deal much with architectural copyright, so I'm rusty on exactly when it came in, but I know it wasn't there before the 1976 Act). If a building has been in existence since before then, no copyright ever attached to it and it can be photographed (or modeled) and distributed as the photographer sees fit.

However (there always is a "however"), a photographer must be sure that s/he is not infringing on a trademark in photographing or modeling a building or business, since some businesses (mainly those that own buildings) use their building's image, or some derivative thereof, as their trademark or service mark.

Taking pictures of old businesses can be quirky, depending on the business; you need to speak with an intellectual property -- "IP" -- attorney in your home area (there are IP attorneys in LA) to best determine your rights and responsibilities.

Good luck.

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