Copyright/Trademark Questions

[jdc]

Any copyright or trademark issues with the following:

1) I am going to make a Powerpoint presentation which contains a reference to the software of "Big Software Company Inc". I take a picture (from a public sidewalk) of the main headquarters, which includes a sign "Big Software Company" in the color and typeface used by this company on their packaging an literature. The do not have a "tm" on the sign. I do not add one to my presentation or the photo.

Stipulated that the use of the photo in no way implies any connection between me and "Big Software Company". No reasonable person would infer any connection from the way the photo is used in the presentation, it is used merely as the equivalent of a slide with the name of the company. The photo is preferable just because it is a more interesting way to make the reference.

Do I need permission? I'd assume that there is no copyright for the image of a building (except that my photo is copyrighted by me). The sign on the building is based on a trademark, but by using a photo of the building, I'm not infringing on the trademark.

If this is okay.. what about the following:

2) I take pictures from the sidewalk of 50 houses for a coffee table book "The cute cottages of Anywhereville". Can owners of the houses sue because I did not have permission? Any copyright (or privacy?) legal issues here?

Or..
3) I take pictures from the sidewalk of 50 houses for my book "Ideas in 21st Century House Design".

[commasense]

IANAL, but I don't think you could get in trouble for any of these things. As long as you're taking the pictures yourself, you own the copyright, so you're not violating anyone else's. I do not believe that a trademark gives the holder the same right to prevent copying that copyright does.

(There might possibly be a problem if the Big Software Company has a sculpture or other copyrighted work of art in front of the building.)

I know there are restrictions on what you can do with recognizable likenesses of people without their permission, but I don't think they apply to houses.

That said, anyone can sue you for anything they feel like trying, so if Big Software Company decides they don't like what you're doing, they could make your life miserable for a while. Likewise the owner of the house, if he has a lot more money than you do.

[toadspittle]

IANAL, but having worked for a "shelter" magazine, I would say you'd be OK on the house-book front, so long as you didn't (a) accidentally photograph any human beings (b) step onto anyone's property. My magazine had non-compete style clauses in our contracts with homeowners (pics of the house couldn't appear in any natl. publication for 6 months after publication of our story, etc.), but WRT taking photographs from off of that person's property, I think there is no legal recourse. You'd be A-OK.

The powerpoint presentation is even simpler, AFAICT. Think of a reporter doing a story on Enron. His buddy, the staff photographer, takes a picture of the big "E" outside of the Enron bldg. No TM/Copyright issues at all, see?