Do I need permission to use a self made picture of a school or building on my site?


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212TomTom
May 7th, 2008, 12:35 AM
Would I be infringing on any sort of "copyright" laws if I was to take a picture of a college campus or building, and then use it on a commercial website?

I would suspect that I have all rights to whatever usage I please for pictures that I've taken, but does the college have any say over how I use my pictures of their buildings/campus?

Thanks

Code Monkey
May 7th, 2008, 10:06 AM
Can you take a public picture of George Clooney and use his image on your site to promote hair care products?

loxly
May 7th, 2008, 10:31 AM
Can you take a public picture of George Clooney and use his image on your site to promote hair care products?
Rules for celebrities are different than the rules for buildings. Will be interesting to see what internetattorney has to say. There are a lot of resources and conflicting opinions. Some buildings are trademarked (I don't think building are copywrite protected) and most are not. Trademarked buildings, or trademarks on buildings are a different animal altogether.

For example, I am not allowed to sell a poster of a photograph I took of the NYPD station in Times Square, NYPD is trademarked and I got a cease and desist letter from them.

Can I use the same image on a site about NYC? Not sure! Maybe... or not...

Bill
May 7th, 2008, 10:47 AM
I, too, will be on the lookout for an informed response. I know there are very few restrictions on being able to "take" a picture while on public property. However, there are limitations on how that image is subsequently used.

bcwaller
May 7th, 2008, 12:02 PM
Assuming you are not selling the picture and you use it as a generic picture for the site, I think you should be OK. I'm not an attorney, but I've dealt quite a bit with Trademark law. The issues are confusion and profit. If there is no confusion - i.e. you are not making people think you represent the school - and you are not profiting from the school's reputation, then you should be safe.

Is there any way that the school could be damaged by your use of the picture? If they can show that they lost money or had their mark devalued, then there would be a case to come after you and go for damages. But if this is just a picture used as decoration, then you should be safe.

As for George Clooney, you can take his picture and use it on your site - just don't use it to sell your product. You can take a picture of a celebrity and publish it or sell it. You can't use them to falsely endorse a product or imply a relationship that does not exist.

chetf
May 7th, 2008, 12:48 PM
Pictures of buildings do not violate trademark - Rock & Roll Hall of Fame & Museum v. Gentile Prods., 134 F.3d 749 (6th Cir. Ohio 1998)
http://biotech.law.lsu.edu/cases/ip/trademark/rock_and_roll.htm

I do not know of any case that was ruled otherwise, anyone have any?

loxly
May 7th, 2008, 01:29 PM
Pictures of buildings do not violate trademark - Rock & Roll Hall of Fame & Museum v. Gentile Prods., 134 F.3d 749 (6th Cir. Ohio 1998)
http://biotech.law.lsu.edu/cases/ip/trademark/rock_and_roll.htm

I do not know of any case that was ruled otherwise, anyone have any?
Thanks Chetf, that is a good reference to have bookmarked. I will be using that in the future :)

I have heard about other issues with buildings like the New York Stock Exchange, but haven't seen any legal decisions posted anywhere.

212TomTom
May 7th, 2008, 04:07 PM
Pictures of buildings do not violate trademark - Rock & Roll Hall of Fame & Museum v. Gentile Prods., 134 F.3d 749 (6th Cir. Ohio 1998)
http://biotech.law.lsu.edu/cases/ip/trademark/rock_and_roll.htm

I do not know of any case that was ruled otherwise, anyone have any?

Great find Cheft!! Thanks

        
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