In the case of Pokémon™ Go, does Niantic risk liability under copyright law for using images of buildings? Most likely not.
Historically, buildings constructed before November 30, 1990 are not subject to protection under US copyright law, so use by Niantic of representations of these buildings is without restriction.
However, no matter when the building was constructed, PokéStops and gyms depicting sculptures, murals, or other works of art, may not be as safe from a challenge, even if the works are associated with publicly visible buildings. If the images display copyrighted works, they may be infringing on the holder's creative rights. Interestingly, Pokémon™ GO may still avoid liability under the Digital Millennium Copyright Act (DMCA).
Does Niantic risk liability under trademark law if the game displays any trademarks in connection with depictions of the buildings? Again, most likely not.
See the full story here: http://fkks.com/news/are-augmented-reality-games-liable-for-depictions-of-buildings-trademarks-o?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original
and http://www.mondaq.com/unitedstates/x/514596/Trademark/Are+Augmented+Reality+Games+Liable+for+Depictions+of+Buildings+Trademarks+or+Artwork