Question about public domain of public buildings

[JJ123]

I want to use photographs of two buildings as cover and back cover of a book I am self-publishing. I really don't expect any sales or anyone to notice the book, but I may donate a few copies to local libraries and such. Because of this, I have a question for anyone who might have an answer.

The front cover is to be a picture a friend of mine took of a historical house that I believe is not privately owned but, presumably, is owned by a nonprofit sort or organization. The back cover is to be a photo of a city hall. In both instances, the pictures are of the exteriors of the building, from the sidewalk. And actually, in the case of the historical house, the way the photo is shot, and the fact that it is in black and white, makes it difficult to at first recognize the place...a fact that is fine because I just wanted the style of the house to come through, not its identity. In the other case, the city hall needs to be recognizable.

My question therefore is, can I do this? Is it legal? I sent an email to the historical house's director (after making a phone call and being given the address) but have heard nothing. I intend on calling the city hall in question for the other photo. I'm just wondering if no one will be willing to go on record for this, thus spooking me and causing me to cancel my covers (it really is amazing how certain questions make people refuse to give an answer; on another question -- about mentioning actual businesses in a piece of fiction -- no lawyer, chamber of commerce, law professor, etc., would give me an answer).

Thanks for any input.

[Dan Hocker]

I want to use photographs of two buildings as cover and back cover of a book I am self-publishing. I really don't expect any sales or anyone to notice the book, but I may donate a few copies to local libraries and such. Because of this, I have a question for anyone who might have an answer.

The front cover is to be a picture a friend of mine took of a historical house that I believe is not privately owned but, presumably, is owned by a nonprofit sort or organization. The back cover is to be a photo of a city hall. In both instances, the pictures are of the exteriors of the building, from the sidewalk. And actually, in the case of the historical house, the way the photo is shot, and the fact that it is in black and white, makes it difficult to at first recognize the place...a fact that is fine because I just wanted the style of the house to come through, not its identity. In the other case, the city hall needs to be recognizable.

My question therefore is, can I do this? Is it legal? I sent an email to the historical house's director (after making a phone call and being given the address) but have heard nothing. I intend on calling the city hall in question for the other photo. I'm just wondering if no one will be willing to go on record for this, thus spooking me and causing me to cancel my covers (it really is amazing how certain questions make people refuse to give an answer; on another question -- about mentioning actual businesses in a piece of fiction -- no lawyer, chamber of commerce, law professor, etc., would give me an answer).

Thanks for any input.

Most likely they don't know. You would most likely need to contact a copyright lawyer to determine how that works.

[marduk]

Generally it seems architecture is public domain, unless the building has some kind of trademark. If you take a photo, you have the copyright of the photo - but then what you do with it can affect things. Maybe this will help: http://commons.wikimedia.org/wiki/Co...s_of_buildings

[JJ123]

Thanks for the replies. Marduk, I think you are right about architecture. I checked the link, though, and have to admit my head was spinning trying to understand the nuance of the topic. Amazing how complex something like this is.

Well, I can give an update. The city hall lawyer said I can take a picture, and said to "have fun," in fact.

The director of the historical building never replied, but I will be calling that institution back. Interestingly enough, the house seems to be run by the city, so I doubt I will have a problem.