Creative Commons - Belgium

[Wouter Vanden hove <wouter.vanden.hove AT telenet.be>]

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