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Who owns the copyright on something in public view, that might its self be copyright

  • 05-01-2018 10:20am
    #1
    Registered Users, Registered Users 2 Posts: 1,208 ✭✭✭


    Morning all

    Does anyone know who owns the copyright on something that itself is copyrighted but in public view.

    For example if I take a photo of McDonalds (for example) street facade, the logo etc. is copyrighted and trademarked. But it’s viewable in a public place. Similarly I understand that the Luas people believe they own copyright on the trams and don’t allow (or at least try to stop) photos being taken of the trams.

    The famous Guinness gates is another example.

    Can anyone offer an opinion?


Comments

  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    You own the copyright of the photo you take as that's a unique image created by you.

    But it really depends on what you want to do with that image. If its for personal use including posting on social media then there really isn't a problem, as you said, its on public display.

    The problem comes is when you want to use that image commercially or in advertising. In that case you still have copyright of your own image but their rights and trademarks come into play.

    There is also issues of public domain and whats is considered to be in public domain like, for example, despite the mini (car) being considered an iconic British image which many would be forgiven for believeing to be public domain, when BMW bought the mini rights their team of lawyers went out like attack dogs and sent thousands of cease and desist letters to anyone using the image for any commercial use including etsy shops selling handmade mini shaped cushions etc (was a mini enthusiast when this happened and stories were all over mini forums).


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