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Obviously still angry about being featured on the cover of Wilco's Yankee Hotel Foxtrot, Marina Towers Condominium Association (which only owns the top 40 floors of the two 60 floor towers) is now claiming a copyright in the name and image of Chicago's famous corn cobs. The entire document can be found here (pdf), and seems primarily to be a response to Marina City Online, a website run by Steve Dahlman, a resident with no affiliation with the Condo Association. However, the decree has greater implications, as the Association is claiming copyright protection in all commercial uses of the name or image of the building. The Rule in question is Rule 5, which contains the following,
Because of the architectural significance of our building, the condominium association holds a common law copyright on the use of the association name and building image. This means under federal and Illinois law, advertisers, movie-makers, and others cannot use the association name or image without first obtaining express written permission from the association.
We are 100% sure that under federal law, a copyright in an architectural work does not prevent others from taking photos of the building (United States Code, Title 17, Section 102(a) and Section 120(a)).
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. 17 USC 120(a)Translation: take all the pictures you want.
However, the Association also references state copyright law (which for the most part doesn't exist) and the Illinois Uniform Deceptive Trade Practices Act. The application of the state law is tenuous at best since there isn't any real precedent regarding buildings, but we will leave the legal analysis to the parties involved.
Such an ignorant rule suggests that any photo or film featuring any building would have to pay to use that building's image. Since Chicagoist is a commercial venture, according to the Association we are potentially at risk for copyright violation merely by using the name Marina Towers (which search shows is in use by no less than 7 other cities). So let 'er rip, Marina Towers, Marina Towers, Marina Towers!
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I thought that photo looked familiar, and then I realized, "Oh, I took it."
Good Photoshop work there, Lou or whomever did it.
Hey, I want to do that for my building! I'll get to work on our declaration and our Condo Association can have a press conference in our lobby. I am buying a new suit to look good for the TV cameras.
No one is going to take a picture of our building without our express written permission. And we claim protection under Federal, State, County, City, Ward, and Precinct, and Block Law. See, we have a lot of laws backing us up.
After all, our high-rise was designed by the noted...uhhh, what's his name...uhhh....oh it was some guy.
And sometimes I park my bicycle in front. I am going to file suit against anyone who snaps a photo of my bicycle. And sometimes I sneeze out there. I am going to sue any "snottorazzi's" who snap photos of my phlegm. Watch out, you parasites!
Yeah, I forgot to credit you Chuck. It is in fact your photo. I edited out the towers.
The Association must have a lot of money to waste and they must have awful hight assessments in Marina City.
What a joke of a lawsuite. It should be thrown out the same day it is filed.
This is being thoroughly discussed over at www.chicagocarless.com, whose author lives in MC.
i've lived in marina city for a little over a year now and while i love the location, the balconies and the views, i would never buy my apartment. the people who run the building are nuts. this is the kind of crazy shit that proves my point for me.
i moved in right after the pimp dentist though so i never got to see that crazy going on. that would have been fun.
Just ignore them.
The Marina Towers Condo Assoc. is the biggest bunch of jerks.
They've fined people for have doormats!
Thanks for the coverage of this story. Maybe you heard that the rule was unanimously passed last night. Here's one lawyer's take on the rule. I think it needs to be addressed aggressively and quickly, before it is used to oppress dissident unit owners. It's beyond ridiculous and into offensive.