Copyrighting Public Space
New Suburbanism points out that Chicago's Millennium Park is a copyrighted public space. Apparently, so is the Eiffel Tower at night.
see
Marty has More On The Bean That May Not Be Photographed.
see
17 USC 120 Scope of exclusive rights in architectural worksbut see
(a) Pictorial representations permitted.
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.
17 USC 113 Scope of exclusive rights in pictorial, graphic, and sculptural worksAs evidenced above, its none too easy to parse what rights one may have to photograph the Bean.
(a) Subject to the provisions of subsections (b) and (c) of this section, the exclusive right to reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section 106 includes the right to reproduce the work in or on any kind of article, whether useful or otherwise.
(c) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.
Marty has More On The Bean That May Not Be Photographed.
1 Comments:
>> As evidenced above, its none too easy to parse what rights
>>one may have to photograph the Bean.
Oh, I dunno. Seems like the quoted sections, read together, say you can photograph "architectural" works but not "pictorial, graphic, or sculptural" works.
17 USC 101 says: "An 'architectural work' is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features."
That wouldn't seem to cover the Bean.
It goes on to say: "'Pictorial, graphic, and sculptural works' include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article."
At the fringes, there might sometimes be issues as to which category something falls into, but the Bean seems clear. Perhaps (but perhaps not) there are other reasons the photographability of the Bean is unclear, but I don't see that Sections 113 and 120 are the culprits.
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