| When images of buildings are reproduced in a multimedia program, is there an infringement of copyright? Congress recently accorded copyright protection to architecture, placing it in a separate category from pictorial, graphic, and sculptural works.78 The copyright in an architectural work, however, is limited. The copyright owner cannot prevent others from publicly displaying pictures and photographs of buildings visible from a public place.79
Of course, even if a producer does not need permission to include a building's image in a program, that does not mean the producer can trespass on another's property to capture that image. Moreover, showing a recognizable image of a building in a defamatory context could harm the reputation of a company or individuals.
Footnotes and citations:
78 See 17 U.S.C. § 102 (Supp. V 1993).
79 17 U.S.C. § 120 (1994).
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