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Statutes and Street Art: Where Copyright Protection for Murals and Street Art Meet the Architectural Works Copyright Protection Act (AWCPA)
Intellectual Property Law, Copyright Interest Group, Entertainment & Sports Law Interest Group
Street artists seeking copyright protection for their murals face many hurdles. One increasingly important one is 17 USC 120(a), part of 1990 legislation extending copyright protection to architectural works for the first time. Section 120(a) limits the new copyright protections for architecture, providing “the copyright in an architectural work ... does not include the right to prevent the making, distributing, or public display of … photographs … of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.” The statute has been interpreted as establishing a simple public right to photograph publicly visible buildings. In this webinar, we will ask whether the statute allows corporate advertisers to freely use photographs of street art murals in their advertising, as recently argued by both Mercedes Benz and General Motors in cases in California and Michigan. The answer requires an understanding of the entire 1990 Architectural Works Copyright Protection Act, and the confusing contours of its photography exemption.
1 Participatory MCLE Credits
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