Do copyright laws prevent taking a picture of something?

Question

My friend and I were in Starbucks today and she tried to take a photo of a picture on the wall. The barista told her she couldn't take it because of copyright laws. Pretty much everything is copyrighted today. Does that mean you can't take a pic of anything?!!?!

Answer 1

I disagree w/ the barista. Its like during a football game. They say this game is for the use of the viewers and any rebroadcast w/o the express written permission of the NFL or this station is prohibited. Meaning as long as you dont use it to profit and just use it for personal use their shouldn't be any problem.

Answer 2

Hi Kittysue! Here goes! First off, the bloke could be " illegal " as in an alien or, not paying taxes and claiming benefit at the same time. he may have thought you were from Health & Safety ( local council ) . That you may be a rival trying to get the upper hand on the competition. Seeing how he does his food, prices and; so forth. There's oodles of possible reasons. Most likely there is only one. The bloke is a bonehead! They're universal!!!! Sometimes, when taking photos in London I've had bother with the Police. You're ( so they say ) not allowed to photograph certain government buildings. They always cite security as a " catch all " category. To me, its all a nonsense. I am not a terrorist, I am a H.M. Forces Veteran. I find such rubbish really ridiculous. If you flash mob the bloke, that will cause a real stir. Could be really funny. If you do, let me know? Am a Londoner ( East End ) living in country at present, will be relocating soon. Good luck to you. Never be intimidated as long as it ain't the Police, I wouldn't worry. Still, be careful - okay??!!

Answer 3

I don't think the barista could make the claim since the photo would not be sold.

§ 107. Limitations on exclusive rights: Fair use38
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

-MM

Answer 4

No, it means you cannot take a picture (make a copy) of someone else's artwork.

You can take a picture of natural objects, commercial buildings, and lots of other things that are not individual art works.

But taking a photo of a picture is nothing more than making a copy of that picture. Which is what copyright laws are intended to prevent.

Answer 5

It only violates copyright laws if you intend to sell the pictures. However, because it is private property they can ask you to not take pictures for any reason.