Results 1 to 4 of 4
  1. #1
    Been spending a lot of time on here!
    Join Date
    Jul 2007
    Location
    Indialantic, FL
    Posts
    102
    My Gallery
    (0)
    My Photos Are NOT OK to Edit
    Liked
    0 times

    Release for shooting someone's property

    Ok, we all know that when a photographer takes a photograph that they own the copyright unless they choose to sell it or give it away. We all also know that in order to use a photograph of a person where that person's likeless is recoganizable you need to secure some type of signed release. So, here's the question:

    What about photographing someone's property? Do you need a signed release to use that photgraph for your own purposes?

    Ex1: you photograph a nice landscape of what turns out to be a private lake owned by an individual. You are approached by a company who wants to pay you a large sum of money to use this image in their upcoming "Lakes of the Mohave Desert" calendar. Do you need a release from he property's owner?

    Ex2: Does anything change if the photograph is of the person's dog? (Since cats and dogs are considered 'property' under most state laws)

    I'm looking for some no kidding informed legal advice here- any lawyers out there?



  2. #2
    TPF Junkie!
    Join Date
    May 2007
    Location
    Canada
    Posts
    5,077
    My Gallery
    (40)
    My Photos Are OK to Edit
    Liked
    202 times
    It comes down to the basic simple fact that you can copyright an original work and property does not fit that definition. Property is not copyrightable.

    At the same time other laws may come into effect. If the property is readily identifiable as belonging to a particular person then how you use it could even lead to a defamation suit if you made it look unduly run down or a fraud charge if you were implying that a house was for sale for example when that was not accurate.

    In the end, a lot depends on the content of the shot and its intended use.

    skieur

  3. #3
    Been spending a lot of time on here!
    Join Date
    Jul 2007
    Location
    Indialantic, FL
    Posts
    102
    My Gallery
    (0)
    My Photos Are NOT OK to Edit
    Liked
    0 times
    Ok, so you take a photo of someone's dog and later want to sell that image to a company making a dog calendar ... do you need a release?

    You take the same image but now a company contacts you about purchasing the rights to put this photo on their dog food cans. Any change?


    Bottom line: if I take images of people's pets do I need a signed release to use the photos for my own commercial purposes?

  4. #4
    TPF Junkie!
    Join Date
    May 2007
    Location
    Canada
    Posts
    5,077
    My Gallery
    (40)
    My Photos Are OK to Edit
    Liked
    202 times
    Quote Originally Posted by Nimitz View Post
    Ok, so you take a photo of someone's dog and later want to sell that image to a company making a dog calendar ... do you need a release?

    You take the same image but now a company contacts you about purchasing the rights to put this photo on their dog food cans. Any change?


    Bottom line: if I take images of people's pets do I need a signed release to use the photos for my own commercial purposes?
    First one: No, because the photo does not "imply" anything about the dog or by connection its owner.
    Second one: Yes, because the implication is that the dog's "healthy look" is the result of its owner feeding him\her a particular dog food.

    Bottom line: No, if it involves putting it in a portfolio or posting it. Yes, if it involves any kind of advertising or photo content that links it to an individual owner.

    Of course, to be absolutely certain get a lawyer who works with media people to give you the most definitive answer for your own area. You can find info. on the net, but reading law is both reading what is there in the document as well as what is not there and paying close attention to wording.

    skieur

 

 

Ads

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Property Release question
    By TerryW in forum General Shop Talk
    Replies: 5
    Last Post: 10-16-2010, 01:11 PM
  2. Shooting on private property
    By Nightsblood in forum Photography Beginners' Forum
    Replies: 34
    Last Post: 09-30-2007, 08:40 PM
  3. Property release?
    By Luap777 in forum General Shop Talk
    Replies: 1
    Last Post: 12-12-2006, 07:50 AM
  4. property release
    By Dew in forum Beyond the Basics
    Replies: 1
    Last Post: 02-08-2004, 04:26 PM
  5. property release and model release form questions
    By GerryDavid in forum Beyond the Basics
    Replies: 3
    Last Post: 10-05-2003, 09:39 PM

Search tags for this page

if i photograph someone's motorcycle can i sell it
,
if i photograph someones house, can i sell the picture
,
if you take a picture of someone's property can you sell the photo
,

is it illegal to take a picture of someone's house

,
is it illegal to take pictures of someone's house
,
is it legal to post a picture of someones home online
,

is it legal to take pictures of someone's house

,
legal to take picture of a house and use in a book
Click on a term to search for related topics.