Take the Power Back!!!

[Canuck935]

I read this on another forum. What an awesome and novel idea!! Photographers everywhere should rally together anytime a photographer is bullied out of taking pictures that they have every right to be taking.

Enough is enough!! We ain't gonna take it no more!!!

"Ziv Mizrahi, an Israeli amateur photographer, was walking about taking photos of the Opera Tower in Tel Aviv when a guard ordered him to stop. He called the company that manages the building, where he was told he needed a written permission to photograph the building, because its design is copyrighted."

Israeli copyright law, like US copyright law, specifically allows taking photos and making drawings of any architectural creation, and of any work of art which is on a permanent location (such as a building), defining that as fair use.

On March 7, at noon, there was a flashmob of photographers exercising their democratic and lawful right to take photos of a building in public. The photos were later uploaded to Flickr, tagged OperaMob2008. Here is the link.
http://flickr.com/search/?q=OperaMob2008

[brmill26]

Just to be technical, the design of the building may be copyrighted under the Copyright Act Section 102(a)(8). However, Sec. 120(a) says:

"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."

Thus, at least under US law, it's not even a Fair Use question (which has to be determined by a court), but a specific exemption. Whether Israeli law is the same is an entirely different question.

[Frog]

I think its a good idea!
However, I can't help picturing camera gangs wearing 18% gray leather jackets with lots of pockets. A Dslr emroidered on the back with crossed bones under it, perhaps.

[another view]

I have no idea about Israeli laws vs. US laws, but there was a court case involving a photograph of the Rock and Roll Hall of Fame in Cleveland OH, several years ago. Photographer won... The building is a well known modern architectural landmark, and the case was about the same thing. Also, "The Bean" in Chicago's Millenium Park has had a lot of similar discussions. I'll bet there are a lot of places like this. Maybe they're just looking for free advertising.

[SmartWombat]

Ah, but is the bean architecture, or work of art ?
Lawyers must be making lots out of just that question...