From: Mark Roberts

> Adam Maas wrote:
> 
>> >A fairly large number of commercial buildings are copyrighted in such 
>> >ways. You can photograph them legally, but you can't sell the images 
>> >without a property release.
> 
> IIRC, you can't sell the images for commercial use without a release 
> but you can sell them as fine art prints, ie, as pieces of art in and 
> of themselves, without a release. Just like photos of people taken 
> without a release. Interestingly, the news story was unclear on this 
> point.
> 

The photographer's attorney had it right - the photographer took the 
photographs and the photographer owns the copyright.

The "nonprofit" foundation is attempting to commit extortion using the 
legal system.

They won't even be able to make a trespass charge stick. Their own fund 
raising and public relations campaigns describe the plantation as 
"public use" and an image of the live oaks on the plantation is used by 
the SC's Travel and Tourism boosters as an example of low country sites 
worth visiting.

http://south-carolina-plantations.com/charleston/dixie.html


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