As someone with a degree in architecture, who has made many sales of images of buildings, I have some interest in this topic.
In English law the basic principle established by
Section 62 of the Copyright, Designs and Patents Act 1988 is that photographs of a building do not infringe any copyright that exists in the building
1988 Act said:
62 Representation of certain artistic works on public display.
(1) This section applies to—
(a) buildings, and
(b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.
(2) The copyright in such a work is not infringed by—
(a) making a graphic work representing it,
(b) making a photograph or film of it, or
(c) [
F1 making a broadcast of] a visual image of it.
(3) Nor is the copyright infringed by the issue to the public of copies, or the [
F2 communication to the public], of anything whose making was, by virtue of this section, not an infringement of the copyright.
However, this approach may not apply in other countries. The Eiffel Tower has already been mentioned, where the lighting design is considered an artistic work in its own right and night time views may infringe copyright.
Even in the UK, certain buildings have also been registered as trade marks by their owners. 30 St Mary Axe AKA 'The Gherkin' is one such example, so you would have to be careful that you do not infringe their trade mark, especially if the photographs are being used in a commercial context. You may also have to consider and/or acknowledge logos or other trade marked items appearing in any image in this context, and any in title or description that you apply -
'The Gherkin' itself is a trade mark term.
Broadly, in the UK at least, you're less likely to encounter any issues if the photo is a general view that just happens to include the building or item. Conversely, where it is the principal subject, then it more likely to present problems.
You should also consider whether you are permitted to take photographs - under GLA byelaws, commercial8 photography in Trafalgar Square and Parliament Square Gardens
require a licence issued by the Mayor's office.
* defined as "for the purpose of or in connection with a business, trade, profession or employment or any activity carried on by a person or body of persons, whether corporate or unincorporate"
There's a fairly extensive discussion of the legal points here - the source is the company of lawyers that registered the copyrights and trade marks for The Gherkin.
Bribery Newsflash MW Kellogg Ltd to pay £7 million in SFO deal
www.fieldfisher.com
Getty have a wiki which notes about IP issues pertinent to significant buildings round the world. While it is by no means exhaustive nor necessarily authoritative, it may provide a useful guide.
