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<p>[QUOTE=&quot;GDJMSP, post: 2286356, member: 112&quot;]Interesting, however the key in the ruling you cite seems to be &quot;in the public domain&quot;. And public domain has a legal definition - <a href="http://legal-dictionary.thefreedictionary.com/Public-domain" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://legal-dictionary.thefreedictionary.com/Public-domain" rel="nofollow">http://legal-dictionary.thefreedictionary.com/Public-domain</a>&nbsp; - So, if something is not in the public domain, then a picture of it, the picture itself, can be protected by copyright.</p><p><br /></p><p>That said there are legal qualifications that must be met for a picture to be protected by copyright. Those qualifications are listed in the Visual Artist Rights Act of 1990 -</p><p><br /></p><p><font size="4"><b><i>Visual Artists Rights Act - VARA (1990)</i></b></font></p><p><i>“<a href="http://www.law.cornell.edu/uscode/text/17/106A" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.law.cornell.edu/uscode/text/17/106A" rel="nofollow">Rights of certain authors to attribution and integrity</a>” - Section 106A, US Code - Title 17 - Copyrights -</i></p><p><i><br /></i></p><p><i>Definition of a “<a href="http://www.law.cornell.edu/uscode/text/17/101" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.law.cornell.edu/uscode/text/17/101" rel="nofollow">work of visual art</a>” in Section 101, US Code</i></p><p><i><br /></i></p><p><i>(1) a painting, drawing, print or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of sculpture, in multiple cast, carved, or fabricated sculpture of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or <u>(2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author.</u></i></p><p><i><br /></i></p><p><i>“A work of visual art does not include–(A)(i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, database, electronic information service, electronic publication, or similar publication; (ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container; (iii) any portion or part of any item described in clause (i) or (ii); (B) any work made for hire; or (C) any work not subject to copyright protection under this title.</i></p><p><i><br /></i></p><p><i><br /></i></p><p>That said, it seems to me at least and I am no lawyer but it is spelled out pretty clearly, that unless those qualifications are met, then there is no copyright protection for a photograph. Personally, I&#039;m surprised by this.[/QUOTE]</p><p><br /></p>

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