Legal Question in Intellectual Property in Virginia

Property Release for Calendar

I am taking photos for a calendar. The calendar is being funded by the town council and will be GIVEN away for free to residents of the town. The photos include things like a bike trail, public library, and other town buildings, but they also include some private commericial buildings. There are no names of the businesses in the photos but they are recognizable. Do I need a release from the owner of the building to go in the calendar?


Asked on 11/30/03, 1:40 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Property Release for Calendar

No. The "views" of the buildings captured in the photographs are public information. They are no more protected than the street address. The rules might be different for artwork in front of buildings, but I doubt it.

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Answered on 11/30/03, 4:08 pm
Kenneth Nunnenkamp Kenneth J. Nunnenkamp, Esq.

Re: Property Release for Calendar

Protection for architectural works does not extend this far. Section 120(a) of the copyright act states: "The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place." This does not, however, extend to art or other copyrighted works that could be visible in your photos.

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Answered on 12/10/03, 12:44 pm


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