Can I take a photo of the Eiffel Tower?

When you're next visiting London, taking in the sights and admiring all that the city skyline has to offer, you might be surprised to learn that many of the buildings you see are in fact protected by a registered trademark.  

Famous buildings such as The Shard, The London Eye and Battersea Power Station all have registered trademarks for their names.  Fortunately, in this country that doesn't mean you will land yourself in hot water if you take a photograph of the building without the permission of the building owners. Taking a picture of a building which is in a public space is allowed in the UK. However, beware if you are taking a stroll through Paris at night, as taking a photo of the illuminated Eiffel Tower is not permitted, as the light installation is protected by copyright!

Many developers and building owners may not be aware of how or which intellectual property rights apply in relation to construction projects in which they are involved, and therefore may not realise when they are infringing other parties’ rights. Many copyright materials will be produced in the course of a construction project; these may include design specifications, photographs, plans and drawings, as well as models and graphic works such as maps and charts. There is often a misconception that because a developer has commissioned these works they have a right to use them on other projects, but they do not.    

In the UK, copyright exists automatically in a piece of work, provided that the work is original, recorded and the result of some effort by the author. There are no specific formalities that need to be observed for a work to receive copyright protection, unlike other intellectual property rights.

For example, design specifications, drawings and plans produced by your architect will be owned by your architect and not you, even if you commissioned the work. Unless there is an agreement to the contrary, you will only have a licence to use the documents for the specific project that they were intended. This means that you cannot use those same drawings for a different project unless you have express permission to do so. In fact, the architect will also own the copyright in the building itself, so copying its design, even where the drawings are not copied, could be a breach of copyright.

If you want to use the same drawings for a different project then you will need to ensure that the right to use them has been properly assigned to you, otherwise you could find that you have infringed another party’s intellectual property rights. The right to use the drawings can be created either by way of an assignment of the rights, so by sale or transfer of the right to exploit the drawings, or by obtaining a licence to use, which will be subject to certain limits or conditions. Regardless of the option you choose, it is advisable to seek an assignment at the start of any project and for this to be done by way of a formal agreement. If you are the building owner and your building has iconic or landmark appeal then you may also want to consider registering a trade mark to protect your brand.