germx:

NO ! If the building is readibly available of view from the street then there is virtually no copyright protection to the building. Also, the copyrights under the "Architectural Works" provisions of the copyright law vs. the "pictorial works" would not apply to most buildings built before 1987 (I think it is 1987 but it was definately between 1987-1990.)

In general, anyone can photograph a house from a public right-of-way.

NOW... you may have privacy issues of the interior and the individuals. In those circumstances, ask permission. Most people have no issue of the exterior being photographed. Some might have issues of the interior of the home (especially if messy) and they may have issues of their faces being published.

They may have issues in that regard. It boils down to common sense and social respect and etiquettes of the personal domain of people's homes.

However, if the domain is well organized and in good order, then they may not have issues but they don't want everyone seeing a slobby, messy area that would only reinforce embarassment to the client so it is just a matter of good judgment.

Also bear in mind that a public school is PUBLIC PROPERTY in the PUBLIC DOMAIN. So, it is not generally protected when for educational or non-commercial purposes. If the building is a Private School... then it is like most places of business. If for educational or non-commercial purposes then it is not a general issue.

HOWEVER, photos of individuals may be an issue is published in a public manner. For educational research and writing in a rather non-public manner (ie. classroom purposes for example vs. the general public) - it would probablybe a non-issue. In some circumstance, be mindful of some individuals under "witness protection" or things of that nature. Be mindful of such matters but that is probably a non-issue. If necessary, blur the facial and other distinctive characteristics of individuals if you must.

It would generally be a non-issue for academic research use. You should read the fair-use clause in the copyright law. I would not be able to elaborate on that tonight as it is rather late but I can point to those things.

Is the school a public school? In general, publuc can obtain access to any location of public property unless protected for national security.

Ok...

I don't think it would be a big issue but in that case, just request permission with information about the intent of the use. I don't think it would generally be an issue.

It would be not be much diffierent than photographing the interior of a privately owned restaurant. Most would not have an issue unless it is used in a negative manner.

http://www.copyright.gov/title17/92chap1.html

Fair use:

http://www.copyright.gov/title17/92chap1.html#107

http://www.copyright.gov/title17/92chap1.html#120

Section 120 denotes the limitation of the copyright protection for "Architectural Works".

http://www.copyright.gov/laws/

I advise you to also read:

http://www.copyright.gov/circs/circ41.pdf

In addition:

http://www.copyright.gov/title17/92chap1.html#101

http://www.copyright.gov/title17/92chap1.html#102

http://www.copyright.gov/title17/92chap1.html#106

and

http://www.copyright.gov/fls/fl102.html

§ 106. Exclusive rights in copyrighted works
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

§ 107. Limitations on exclusive rights: Fair use
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.

§ 120. Scope of exclusive rights in architectural works
(a) 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.

(b) Alterations to and Destruction of Buildings. — Notwithstanding the provisions of section 106(2), the owners of a building embodying an architectural work may, without the consent of the author or copyright owner of the architectural work, make or authorize the making of alterations to such building, and destroy or authorize the destruction of such building.

Ok, "Architectural work" provisions doesn't apply to buildings that meet the following:

• Designs that were constructed, or whose plans or drawings were published,
before December 1, 1990
• Designs that were unconstructed and created in unpublished plans or drawings
on December 1, 1990, and were not constructed on or before December
31, 2002
• Structures other than buildings, such as bridges, cloverleafs, dams, walkways,
tents, recreational vehicles, mobile homes, and boats
• Standard configurations of spaces and individual standard
features, such as windows, doors, and other staple building
components, as well as functional elements whose
design or placement is dictated by utilitarian concerns

Another read that is important to understanding the "Architectural Works" copyright and the preceptual protection of copyrights regarding architecture.

Just some background info. LONG read:

http://www.copyright.gov/reports/architecture.pdf

Architects and Building Designers are essentially entitled copyrights under two provisions of the law. "Architectural Works" pertains more to the building WHILE the older and long standing copyrights of the plans, sketches and models protected under the provisions of “Pictorial, graphic, and sculptural works” which provided protection to architects' and building designers' plans, sketches and drawings:

“Pictorial, graphic, and sculptural works” include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.

"architectural work” provision provides a second copyright provision that extends to the "design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features". Drawings and plans essentially gets two copyrights applied to them under "architectural works" and "pictorial, graphical, or sculptural" be the provision in "Architectural Work" extends to the actual building.