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Copyrighting a Tree: Pebble Beach

From Techdirt:

If You Were A Tree… What Kind Of IP Protection Could You Get?

from the copyfraud-and-confusion dept

drewmo wrote in telling us:

“A friend of mine just posted a photo of the Lone Cypress in Pebble Beach and included a note saying, “Evidently, I can’t sell this image. pebble beach owns the rights.” From what I know about photography copyrights in the U.S., that’s completely incorrect.

He also pointed us to this other image (not the one his friend took) of the same tree, with an explanation claiming that there are signs nearby saying that you can’t take photographs of the tree and then sell them:

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Or is is a trademark case? Or contract law? See Masnick’s post for more details.

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To the extent possible under law, Stephan Kinsella has waived all copyright and related or neighboring rights to C4SIF. This work is published from: United States. In the event the CC0 license is unenforceable a  Creative Commons License Creative Commons Attribution 3.0 License is hereby granted.