I’m learning all sorts of interesting things about the legalities of photography lately.
When I originally started posting my photographs on Flickr (as well as blogging about them here), all the legal knowledge I had to go on was what I’d learned from micro-stock photography sites. More recently, I’ve learned that the law regarding photography (not so much regarding what you photograph, but rather what you can sell and how) is a bit more complex than I’d first thought.
There are a number of books out on the subject; I’ll probably post a review of one or two here as I get around to reading them. Still, here’s a quick summary of what surprised me:
1) If something covered by copyright is in a picture, you can’t sell it for commercial photographic uses (i.e., as stock photography, for ads and commercials, etc.).
2) Given the same subject in the same photograph, you *can* sell it as art (i.e., as a print).
All the standard disclaimers apply here — this shouldn’t be construed as legal advise, blah, blah… But apparently “art” gets the same pass that “journalism” does with respect to photographs containing trademarks and other copyrighted material. So that being the case, here’s an image I thought I’d never be able to make available for sale:

Of course, it’s the Eiffel Tower at night. Oddly, while the Eiffel Tower isn’t copyrighted, the design of its lighting is — so if you like this image, you’ll soon be able to buy a print. But you’ll never see it in commercial use (i.e., an ad or a commercial).
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