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Subject:
From:
Tim Atherton <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Thu, 9 Oct 2008 10:50:00 -0600
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On 10/8/08 9:53 PM, "Randy Little" <[log in to unmask]> wrote:

>> >Yes those are not cosidered commercial use books.  They are a sort of
>> reportage.   We are always required to get property releases for any works
>> that will be used >for a commercial purpose.
> 
>> >Randy S. Little
>> >http://reel.rslittle.com
> 
> --------
> 
> Mind you that was a big part of the Rock and Roll Hall of Fame case, which,
> although it turned on some curious bits of the law, still stands as a major
> ­probably the main - precedent on the photographing and commercial use of
> images of buildings. It essentially found that the photographer was free to
> take photographs of the exterior of the (very distinctive) building and sell
> prints, postcards, posters of his photos. Trademark (or copyright) didn¹t
> protected the building from those uses.
> 
> As far as I know, the last time I checked (which was a couple of years ago or
> so) there were no cases which had been won and which overturned that
> precedent. It was why the corporation which had tried to trademark and
> copyright the ³Lone Cypress² on the coast at Monterey never succeeded in going
> to court to prevent images of it being used in similar ways to those  above.
> 
> tim a


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