The New York Times today mentions (second item) that "the Church of England, accusing Sony of 'virtual desecration,' called on the company yesterday to apologize and withdraw a PlayStation computer game that depicts a shootout in the nave of Manchester Cathedral." Much more here, from a U.K. legal perspective. Professor Patry provides the U.S. perspective: "Under U.S. law (and it should be noted, the game was made in the U.S.), the cathedral wouldn't be protected at all since it was constructed before 1990." But even if were covered, Sony would probably be safe under Section 120(a) of the Copyright Act:
"(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."
