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socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 37971
Experience:  Retired (mostly)
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I wish to copyright a project consisting of 5 acres of land

Customer Question

I wish to copyright a project consisting of 5 acres of land on which I have created and installed numerous large abstract sculptures as well as several sculptural/architectural structures. An essential part of this project is the use of various flowers- such as sunflowers- and trees and shrubs planted in unusual configurations, forming living and ever changing sculptural forms. This work is continuously changing and evolving. Can I do this?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  socrateaser replied 1 year ago.
U.S. Copyright Section 102 requires: "(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression...." The term "fixed" is critical in answering your question. Landscape which changes is not a "fixed" expression. Because it is an ever-changing natural activitiy, it cannot be the subject of a copyright registration. What is subject to copyright protection is a fixed image of the sculptures. Similarly, were you to place a video recorder on the landscape and constantly video the landscape changes, then your video could be copyright protected. But, as long as the landscape changes due to the forces of nature, that process is not subject to copyright. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf. Thanks again for using justanswer.com!
Customer: replied 1 year ago.
If I don't include the changing landscape and limit the description to the "fixed" sculptural and architectural elements, with the 5 acres considered a fixed "canvas" upon which the other fixed elements necessarily are installed upon, will this change the elegibility?
Expert:  socrateaser replied 1 year ago.
Yes. The entire fixed landscape sculpture is subject to copyright protection. Example: You sculpt four statues for placement in a park; the statues will sit in a large stone circle which is designed to simulate a huge compass -- also, your design; each statue is placed at one of the directional pointers: N, S, E, W. All of the statues and the stone compass are related to each other -- making the entire result a singular creative work, subject to copyright protection. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!

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