Legal Question in Intellectual Property in South Carolina

Re: control of commercial photos of real property.

Copyright of a photo gives the author, for example, the photographer, exclusive rights to photo reproductions for profit.

Copyright of building plans or blueprints gives the author, for example, the architect, exclusive rights to reproductions for profit that includes constuction.

Trademark of a building image gives the trademark registrant rights to prevent infringements, such as selling building photographs or poster reproductions.

In a case that may reach the U.S. Supreme Court, the 'Rock 'n Roll' Hall of Fame, in Cleveland, Ohio, claims that its trademark registration of the building would allow it to prevent a free-lance photographer named Chuck Gentile from selling posters showing his unique photo of the building.

Protection of such a three-dimensional trademark may be difficult, vis-a-vis the First Amendment to the U.S. Constitution.

Witness, if a photographer takes the New York skyline, must he get permits from each building owner to sell skyline posters?

Regards,

Joseph H. Taddeo

Attorney at Law

1-800-832-6356

[email protected]

Re: control of commercial photos of real property.

There are free speech issues, coppyright issues and trademark issues. The creator of the building has a copyright on the building which can be the subject of a copyright registration which may give a cause of action against commercial reproductions. If the building was done as a "work for hire", then the entity (usually the owner of the building) doing the hiring will own the copyright. The owner of the building may acquire trademark rights in the shape of the building as an indicator of source of goods or services and that might be registered. The right of free speech is a factor to the extent necessary for non-commercial speech, such as parody, news reporting or criticism. This is a factually intensive legal question, so abstract principles is all I will provide for free on this forum. Please contact me with more information for a more specific opinion.