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Subject: Creative Commons - Belgium

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  • From: Wouter Vanden hove <wouter.vanden.hove AT telenet.be>
  • To: cc-be AT lists.ibiblio.org
  • Subject: [Cc-be] photographs of buildings
  • Date: Sun, 16 Oct 2005 22:01:12 +0200

Hello,

I would like to get some feedback in relation to the copyright on photographs of buildings.

On Wikipedia following picture is licensed under CC By-SA
http://en.wikipedia.org/wiki/Image:Torres_Petronas_Mayo_2004_edit.jpg

My comment is on the discussion page:
http://en.wikipedia.org/wiki/Image_talk:Torres_Petronas_Mayo_2004_edit.jpg



"For photographs of buildings you need permission from the architect, not just the photographer. IANAL & IMHO, these pictures cannot by licensed under GFDL of Creative Commons, without permission of the architect. --WouterVH 15:13, 16 October 2005 (UTC)"



"IANAL either, but I think that's not entirely true. In some countries, notably the Untited States and France, new buildings are copyright of the architect and photographs would be derivative works. However there are often exceptions for photographs taken from public spaces or highways (France notably doesn't have those exceptions). So in the US, photographs of building interiors are often covered by copyright, but exteriors are often OK. In the UK, building interiors are not covered by copyright, but you still need permission from the buildings owner, otherwise you are likely to fall foul of trespass laws. In this instance you would need to know the details of copyright law in Malaysia to be sure, but I would guess the photograph was taken from a public space, and it is quite likely to be fine. -- Solipsist 18:01, 16 October 2005 (UTC) "


Is my comment correct?
Is the reply correct with the differences between countries?
Is there a general rule in the Berne convention about this?



Wouter
opencursus.org



  • [Cc-be] photographs of buildings, Wouter Vanden hove, 10/16/2005

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