property release

Discussion in 'Beyond the Basics' started by Dew, Feb 8, 2004.

  1. Dew

    Dew TPF Noob!

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    i have a series of shoots coming up this week ... i will be photographing artists (painters, sculptors, sketch artsits, etc) ... i will be using a model release (granted) ... i'm debating wheter or not i need a property release :scratch:

    the artist will be the subject of the shoot. however, his/her art (paintings, sculpture) may be in some of the photographs ... im unsure of whether i would need a property release to protect my photographs... this will be documentary/editorial style .. i will shoot them in their studio

    any comments, suggestions will be appreciated :)

    btw, i've seen a sample property release, it mainly pertains to real estate .. im unsure about the pieces of art ... help!! ... i start my first shoot tomorrow :shock:
     
  2. metroshane

    metroshane TPF Noob!

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    OK, here's the rules...listen closely.

    On property, it comes down to a few things...is the property a piece of copyrighted (or trademarked) material or just a regular ol' piece of property such as a car or chair. And of course what's the use of the photo in question. So, I'll divide it up.

    Editorial
    - you never need a release.

    Art or commerical
    1. If it's a copyrighted work then you absolutely need a copyright release.
    2. If the copyright isn't an issue, then you never NEED a release. But it's a good idea.

    Here's the rub. Disregarding copyright issues, there are no laws concerning property releases...however...anyone can sue you right or wrong and it comes down to can you afford to defend a suit? People use (and many publications require) property releases only to try and stipend the cost of suits if it comes to it.
     

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