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Replicas of Historial Buildings sold as "art"

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JDeWalt30

Junior Member
What is the name of your state (only U.S. law)? Texas

I have been making small replicas of historical buildings in the state of Texas, and am thinking about selling them to make a little extra xmas money on the side. (they are replicas, but also can be used as a mailbox as well) I have made replicas of buildings like the Alamo and the Capital.

If I do start selling these, is there anything I have to worry about legally? I'm sure all of these buildings have some sort of branding trademark, but still not sure if this falls under the normal merchandise that might be listed within such a contract.

Any ideas?
 


quincy

Senior Member
I am not aware of any law off-hand that would prevent you from creating and then selling replicas of historical buildings in Texas.

While architectural works can be copyrighted under the U.S. Copyright Protection Act, the rights given an architectural-works-copyright holder are somewhat limited, and the copyright protection would not extend to historical building designs. Copyrights on architectural works cover only architectural works created AFTER December 1, 1990 (when the U.S. signed the Berne Convention treaty).

An architect (or builder or developer) can have a copyright on a building's design, with protection offered the architectural appearance, the architectural plans, sculptural aspects, diagrams, models, etc., but the architect (builder, developer) cannot prevent or prohibit others from photographing the building (if it is within public view) and then displaying and distributing these photos. The architect (builder, developer) also cannot prevent or prohibit any eventual owner of the building from altering the building's design (ie, adding a sun porch) or destroying the building altogether.

You might want to check out 17 USC §102(a)(5) and (a)(8), and 17 USC §120, accessed at http://www.copyright.gov for what copyright covers.

You can also go to http://www.copyright.gov/circs/circ41.pdf, for a fuller explanation of copyright as it applies to architectural works.

Good luck with your sales.
 

JDeWalt30

Junior Member
quincy,

thanks so much for the advice....but now I have a follow up question :)

I have been asked to start making Gruene Hall birdhouses. Gruene Hall is an old dance hall in Texas. Although Gruene Hall is considered a historical landmark, I am again worried that I may be crossing the line. I googled "Gruene Hall Trademark", and found the link below:

GRUENE HALL - Trademarks411, Trademark Search Made Simple

Any ideas?

Thanks again!
 

quincy

Senior Member
Again, I do not see that your creating and selling replicas of any historical building would violate any copyright or trademark rights.

I see where both the name "Gruene" and the name "Gruene Hall" have been registered as word marks, one as a Gruene, Texas, Chamber of Commerce identifier (with a sketch of a water tower as a logo), and one as a Gruene, Texas, dance hall identifier.

Your historical replicas do not appear to compete with either the Chamber of Commerce services of promoting business, recreation, events or tourism in the town of Gruene, and your historical replicas do not appear to compete with the dance hall (unless your replicas are very large or the people of Gruene are very tiny ;)). Whether your replicas could confuse consumers as to their origin is a question mark, but I do not see that a trademark infringement suit would likely arise from your birdhouse creations.

BUT, with all of that said, you would be wise to check with the Patrick Molak, Corporation (holder of the registered "Gruene" and "Gruene Hall" marks and the water tower logo) and/or consult with an attorney in your own area for a personal review of your birdhouse plans. I can see where there may be some limitations placed on how you can advertise or promote your replicas.

Good luck.
 

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