Hello,

As title suggests, I am intending to include some landmarks (Eiffel Tower, Statue of Liberty etc) in game both as art and name in fashion of

So I decided to check about legal issues using these landmarks especially after Ocean Quigley mentioning that they have been asked for serious money to use landmarks at Simcity 4. ( http://strategywiki.org/wiki/SimCity_4/Landmarks )

According to my search, it's obvious that some commercial buildings like Chrysler Building and Empire State Building are definitely "protected" , there is also list of restricted places at shutterstock that may give some idea ( http://www.shutterstock.com/contributor-resources/legal/stock-photo-restrictions/ , photographing community is very into such issues for obvious reasons)

So I checked copyright lengths of countries ( http://en.wikipedia.org/wiki/List_of_countries%27_copyright_lengths ) , Life + 70 years looks like fail-safe.

Also I read that Eiffel Tower isn't copyrighted because already expired but lighting of it was ( http://hoaxes.org/weblog/comments/is_the_eiffel_tower_copyrighted ) which supports my theory

My questions are,

1 - Based on my search I assume that any landmarks roughly before second half of 19th century is public domain anyway, and for buildings after that era is to be handled per landmark. There are also special cases like Eiffel Tower night lights to be taken into consideration. Is this right approach?

2 - Can I use a public domain landmark as stated above, both as 3D model and by name?

Thanks in advance,

Ok, it's official that no one loves me :) (not even "ask your lawyer" response :) )

When digging for more (not sure how reputable though but) found When Copyright Permission Is Not Required which states that

Title 17 U.S.C. § 120 deals with the scope of exclusive rights in architectural works. The law in relevant part, at 17 U.S.C. § 120(a), states as follows:

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.

Note that architectural plans, three dimensional models, and other two-dimensional works related to architecture are protected under copyright law as pictorial, graphic or sculptural works, and the statutory provision quoted above does not apply to images other than those of constructed buildings visible from a public place.

So, does this contradict with copyright mechanism or does it mean you can use 3D model freely but not name itself?

It's fair enough to stay on safe side but costly in case of each time.

So coming back to first assumption, seems I will assume that buildings up to 19th century are public domain so safe in general rule.

I can live with excluding modern buildings at this time.

It's fair enough to stay on safe side but costly in case of each time.