(2) The copyright in such a work is not infringed by—
(a) making a graphic work representing it,
(b) making a photograph or fi lm of it, or
(c) broadcasting or including in a cable programme service a visual image
of it.
(3) Nor is the copyright infringed by the issue to the public of copies, or the
broadcasting or inclusion in a cable programme service, of anything whose
making was, by virtue of this section, not an infringement of the copyright.Often, images of famous modern buildings in, say, London are
rejected for copyright infringement where no such infringement exists.
It is too easy, in my view, for the owners or representatives of famous
landmarks to frighten library owners off using such images, even
though their complaints are usually groundless. The position would
be very different if you took a photograph of copyrighted plans of the
building. The plans would usually be protected by copyright but not
the building, sculpture, or monument being photographed if perma-
nently situated in a public place or in premises open to the public.
Privacy
A few words about privacy are worth mentioning. There may in some
circumstances be a reasonable expectation of privacy attaching to
individuals and particularly to children. In a recent English law case
involving the child of the renowned author JK Rowling, it was held
that this did not extend to covert pictures taken of Ms. Rowling’s
children while being pushed in a stroller down a street. The decision
(which may yet be appealed) appears to confl ict with an earlier deci-
sion of a different court. Countries other than England have taken a
stricter view. This is unlikely to be an issue for most microstock pho-
tographers—but be aware of it nonetheless.
Trademarks
A trademark is a sign that is capable of distinguishing the source of
goods or services of one business from those of another. In England,
including a trademark symbol or trademarked design within a photo-
graph does not infringe on the rights of the trademark owner unless
very specifi c criteria are met. The purpose behind trademarks is to
identify the origin of goods or services, and most photographs of
trademarked objects are unlikely to cause any confusion.
Imagine you take a photograph of a city center. In that photograph,
there are likely various copyright and trademark designs and logos—on
restaurants, stores, and businesses. If it is a general scene of the city
TRADEMARKS 179