>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

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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) didn’t 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 “Lone Cypress” 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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