Paid Membership Loop Hole

[Acieffe]

What is the name of your state (only U.S. law)? Utah/Florida/California

I would like to start a website where I offer my photos for free. I take specialty pictures of buildings that are and aren't covered by copyright (New/private property buildings as well as older ones) mixed in with nature and food. I would offer a free to download size of 800x600 or something like that. But I would like to make some money by offering these pictures in specific sizes, ie. iPhone wallpaper or original size. Since I have a collection of images, taken by me, of copyrighted buildings in with non-copyright subjects, could I legally sell a subscription to my website wherein the paid member could then download any image at any size for free?

 

[justalayman]

Here is a publication from the patent office concerning copyright protection of buidlings:


http://www.copyright.gov/circs/circ41.pdf

but more importantly, here is an excerpt from the copyright law:


United States Code/Title 17/Chapter 1/Section 120

(a) Pictorial Representations Permitted.
The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.

 

[Acieffe]

Private property

Thank you for your quick reply, but I am having issues with the "Private Property" part of this. Say for instance I go to Six Flags and photograph a roller-coaster or a store front, those are on private property. I know some places such as Disneyland do not allow people to sell images of the castle. I know where the law is on what is held under copyright and what isn't. I am wondering about if selling a subscription to my website is considered selling pictures of these subjects protected by copyright.

 

[justalayman]

If you are on their property, unless they give you permission to photograph anything, you cannot legally take the picture. They get to make the rules of what you are allowed to do on their property. If you take a picture while on their property, you are not taking a picture available from public property and as such, copyright protection attaches.

I am wondering about if selling a subscription to my website is considered selling pictures of these subjects protected by copyright.

Not a snowball's chance in heck.


Copyright infringement does not require selling the work. Creating the work is the infringement.