Selling pictures of monuments

← Return to forum

  • November 30, 2005 @ 6:26amJames_Elliot says:
    Hello

    I am a semi-professional photographer, and I have been seeling some pictures in the past of landscapes or animals.
    Can I sell also pictures of houses or monuments, even if the owner of the monument hasn't given me the explicit right to do so?

    Thanks
  • November 30, 2005 @ 3:49pmJMiller says:
    The American Society of Media Photographers has an extensive copyright section on its web site. In particular, these pages are particularly relevant to your question:

    http://www.asmp.org/commerce/legal/copyright/publicbldg.php
    and
    http://www.asmp.org/commerce/legal/releases/

    Other links with more information for photographers and fine artists:

    Copyright Protection and Subject Matter in Photographs: http://www.nylawline.com/articlephotog1.htm

    Copyright Basics: http://www.copyright.gov/circs/circ1.html

    Still Images Copyright Basics: http://www.csusa.org/face/stilim/ (see menu in left navigation bar)

    Hope this helps.
    -JM
  • November 30, 2005 @ 4:53pmJames_Elliot says:
    Thank you very much for this answer.
    However, I have another, quite tricky question.
    What is the status of pictures of buildings shot in country with more restrictive laws (there are some in Europe), but sold in the US by a US company?
    Does the US law applies, or does the foreign law applies?

    Thanks
  • December 1, 2005 @ 11:12amJMiller says:
    The Copyright Office has a list of all countries and which international copyright agreements apply to that country:
    http://www.copyright.gov/circs/circ38a.html

    It's my understanding that the signatories of the Berne Convention (http://www.law.cornell.edu/treaties/berne/overview.html) agreed to respect each other's copyright laws. This means that you have to obey the copyright laws of the country of origin.

    There is more information on international intellectual property rights on the WIPO web site:
    http://www.wipo.int/copyright/en/

    This is just my understanding of what I've read, and I would suggest that the US company consult a lawyer for legal advice.

    -JM
  • December 2, 2005 @ 7:58amCOvalle says:
    A bit of additional info-

    Berne basically gives a set of guidelines that member countries should adhere to, at a minimum. Different countries, obviously, have different copyright law. Some are more restrictive, some are less restrictive.

    You don't have to obey the copyright laws of the country of origin per se- you have to obey domestic copyright law in the country where the copying or copyright-related action is taking place (as long as both countries are members of Berne)

    So, taking the picture with the intent to sell it may be infringing in the country of origin. If it is infringing in the country of origin, then you are liable for that action in that country. US law has little to do with this part of the copying action.

    Selling it is another copyright action. It might be legal in the US to sell it, if it would ordinarily be legal in the US to sell it. (Beyond copyright, there might be trade law involved.) The other country's laws don't apply in the US, except to determine who the creator of the image is.

    Selling it online is additionally complicated, because you could then be selling it in that country of origin, which would be infringing in that country.

    So... since it is complicated, JM is right- you can't beat consulting a lawyer for legal advice, which you can't get here. ^_^

    [quote]The Copyright Office has a list of all countries and which international copyright agreements apply to that country:
    http://www.copyright.g ov/circs/circ38a.html

    It's my understanding that the signatories of the Berne Convention (http://www.law.cornell.edu/treaties/berne/overview.html) agreed to respect each other's copyright laws. This means that you have to obey the copyright laws of the country of origin.

    There is more information on international intellectual property rights on the WIPO web site:
    http://www.wipo.int/copyright/en/

    This is just my understanding of what I've read, and I would suggest that the US company consult a lawyer for legal advice.

    -JM[/quote]

Posting to the forum is only available to users who are logged in.

← Return to forum