Grumpy
09-29-2008, 08:45 AM
Terence F. Brennan September 29, 2008 Q If I take a photograph of a privately owned building or object, do I own the copyright to that photograph? For example, if I took a photo of Spaceship Earth (http://www.orlandosentinel.com/topic/travel/tourism-leisure/theme-park-vacations/spaceship-earth-PLREC000086.topic) at Epcot, would I be allowed to make and sell postcards made from that photograph?
H.A.
Orlando
A. In this situation, the question of ownership of the copyright in the photograph is separate from that of the right to distribute and sell copies of the photograph
You are the owner of the copyright for your original photograph, regardless of whether it was taken on private or public property. In general, that gives you the right to reproduce it, sell it, and to display the work publicly.
However, these rights are not always unlimited. A copyrighted work can incorporate pre-existing material or structures, such as Spaceship Earth at Epcot. But if that pre-existing structure is itself protected under the Copyright Act, the use of your copyrighted work is subject to certain restrictions.
Assuming your photo was taken on Disney's private property, your right to commercially distribute and display the photograph in postcards is restricted by Disney's rights under copyright laws. You would need to contact Disney's licensing or permissions department to obtain consent for your commercial distribution of the photographs.
H.A.
Orlando
A. In this situation, the question of ownership of the copyright in the photograph is separate from that of the right to distribute and sell copies of the photograph
You are the owner of the copyright for your original photograph, regardless of whether it was taken on private or public property. In general, that gives you the right to reproduce it, sell it, and to display the work publicly.
However, these rights are not always unlimited. A copyrighted work can incorporate pre-existing material or structures, such as Spaceship Earth at Epcot. But if that pre-existing structure is itself protected under the Copyright Act, the use of your copyrighted work is subject to certain restrictions.
Assuming your photo was taken on Disney's private property, your right to commercially distribute and display the photograph in postcards is restricted by Disney's rights under copyright laws. You would need to contact Disney's licensing or permissions department to obtain consent for your commercial distribution of the photographs.