Asked in Copyright

Q: Can a Danish tourist use pictures taken in New York, in a book which is printed and sold only in Denmark

On vacation in New York I have taken many pictures of buildings like Flatiron Building and Empire Statue Building and artwork like the Statue of Liberty. All pictures is taken from public spaces, where all tourists can go.

Now I want to use these pictures in a book, where I tell about the sights in New York.

I want to print and sell the book only in Denmark.

Can I do this without getting in trouble with copyright laws?

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2 Lawyer Answers
Tania Maria Williams
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Answered
  • Intellectual Property Lawyer
  • West Palm Beach, FL

A: So the photographs you took are your intellectual property but the building architecture could be protected by copyright. The Flatiron building is a famous landmark but that doesn’t mean it’s not protected. I would suggest contacting a copyright attorney to help you figure out what may be protected and what’s not and whether the author has any rights in Denmark.

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: Be careful if the building is unique, or has other creative work attached to it, like murals, paintings, sculptures, etc.

Also it is important if it is a book about the buildings or the buildings are just backdrops and the real value is from other elements, such as models, people walking, sun sets, etc.

If it is done and published in other countries, there may be jurisdiction over you based on the nature of the photos (i.e. New York buildings) and if it is shown in the USA (even on line).

Consult with an attorney to assess your risks.

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