Legal Question in Intellectual Property in North Carolina
copy right issue: artist using postcards for reference
Dear Copy Right Expert,
I want to paint a university stadium and sell prints made from my original painting. I want to use postcards for reference only. However, when I contact the university's athletics program, I was told I need first get an license through CLC (www.clc.com).
Why do I need to get a license after all? I think no one can copyright a scene or a building. I use photos or postcards for reference only: I am not copying the photos or postcards. This falls within the ''fair use'' clause of copyright laws. I have done many portraits for people from photos provided by customers, and I have the copyright to the portrait paintings, not the one who took the pictures.
If it's a problem, I can avoid using the nickname of the sport program, instead I can use something like ''University of Alaska soccer''. I can even use no title.
Thank you very much.
Richard
1 Answer from Attorneys
Re: copy right issue: artist using postcards for reference
Since 1990 copyright registrations for buildings are authorized. See http://www.copyright.gov/title37/202/37cfr202-11.html
The use of the postcards as mere references is probably okay, provided you are not trying to duplicate in painting the postcard view. If your view is different, such as a different viewing angle showing different portions, with different lighting, etc. and you are merely using the postcards to confirm the dimensions, coloring, shape, etc. of the features of the building, you should not have copyright problems.
However, the copyright law specifically allows paintings of publicly visible buildings.
See http://www4.law.cornell.edu/uscode/17/120.html
If you read 17 USC 120, you will likely conclude that no permission is required for your stadium paintings.
You need to be careful not to imply any association with or sponsorship by the University, as that raises trademark infringement issues. You may, in fact, want a specific disclaimer of any such association.
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