How Copyright Law Applies to Photos of Buildings and Architecture

 

 

Architectural works are protected by U.S. copyright law, specifically by 17 U.S. Code § 102(8). In fact, copyright law was officially changed in December 1990 in order to include these architectural copyrights. What does this mean for photographers who want the ability to make and sell architectural photos?

• The law does not apply to buildings created before December 1, 1990 (so architectural photos of such works can be taken and reproduced without permission).

• Except for buildings that cannot be viewed from a public space, the copyright owner of a post-1990 building (the architect, developer, or building owner) cannot prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the building. See 17 U.S. Code § 120, which covers the scope of exclusive rights in architectural works.

Therefore, photographers need to be concerned only when entering private property without permission to take a photo of a post-1990 building. Such photos may result in a claim of copyright infringement.