Schmap New York Guide wants one of my photos from flickr.

[Plato]

It's part the nasty and confusing web that is our law, and part that I'd rather be safe than have a lawsuit directed at me.

I see that you're in Canada. Are you confident that that is also the law in the states?

Quite confident. I've heard no end of the importance of getting property releases from American photographers, and there's a reason ASMP provides an example one.

Thanks.

 

[Jaszek]

funny... friend of mine just got email from those guys yest for an animal shot from the bronx zoo as well

Yea, they will be choosing from a couple images.

 

[Dominantly]

[FONT=Arial, Helvetica, sans-serif]Although property does not enjoy a right to privacy or publicity that there are other bodies of the law that might prohibit or restrict the unauthorized use of a photograph containing property. These bodies of law may include among others contract, trademark, unfair competition, copyright and trespass law. [/FONT]
[FONT=Arial, Helvetica, sans-serif]The guiding principle, that of course is muddled with exceptions, is that as long as a photograph of private property is taken while the photographer is on public property or on property that is open to the public then it is permissible to publish that photograph without permission from the owner of the property. [/FONT][FONT=Arial, Helvetica, sans-serif]However, there are exceptions where it may be necessary or advisable to obtain permission from the owner of the property. These exceptions may include among others, a photograph of (i) artwork displayed in a museum, gallery or other location, (ii) a well-recognized product, such as a Harley-Davidson motorcycle, where the manufacturer has been litigious with respect to commercial uses of photographs containing their product, (iii) a building where the building design is protected by a federal trademark registration - recently there was litigation involving a photograph of the Rock and Rock Hall of Fame, (iv) a "famous" pet such as Lassie, (v) interiors of private buildings and (vi) personal property, such as their clothing or jewelry, that could identify an individual. [/FONT]
http://www.publaw.com/photo.html