Use Of Landmark Images In Advertising

Images of local landmarks can be valuable assets in advertising or branding campaigns, but just because the landmark is “public” doesn’t mean the image isn’t someone’s intellectual property or its unauthorized commercial use doesn’t rise to the level of trademark infringement. Because of a well-known precedent, Rock & Roll Hall of Fame & Museum, Inc. v. Gentile Productions, it may be tempting to think that’s not the case. However, the facts of that precedent do not align with the facts that would be present in an action against advertising that used a landmark’s image, notes this Today’s General Counsel article. Copyright problems can also exist with regard to a mural or sculptural element that is associated with a landmark. The conclusion is not that landmark images are necessarily off-limits, but rather that the risks must be understood and addressed. This article outlines best practices for doing so.