ADVICE NEEDED legal issue of taking photos at a public car show

phil-ray · Jun 10, 2007

hi people

i hope this is the right section

can i have a little advice please

im a photographer for a car site www.jon44w.com and attended a car show at the weekend.

baiscly i thought and presume that if u have a car at a show show on a stand u dont need to have the owner of the car to sign anything for me to take the picture and put it up in one of our gallerys.

a guy has now pmed me saying this

You have some photos of my pale blue Alfa 145 on the site from yesterdays Italian Motor Club gathering.

I have not signed any releases authorising you to use these pictures and am therefore requesting removal of them from the site and your portfolio with immediate effect.

i have taken down the photos in question, just for the pure thing of less hassle, but im just wondering where do i legaly stand on this if i didnt wnat to take the photo down?

im in n ireland so english law would be what im under

thanks

Sw1tchFX · Jun 10, 2007

in America, you need releases.

killcrazy · Jun 10, 2007

Sw1tchFX said:
in America, you need releases.

But UK law isnt US law is it.....

http://www.sirimo.co.uk/media/UKPhotographersRights.pdf

This may help shed a little light on the subject. might not like, i havent looked into your query specifically. but this has helped me in the past.

Hope it helps you out.

JimmyJaceyMom · Jun 10, 2007

ugh! I don't know how ot help you I don't know the answer but what a dork!

skieur · Jun 10, 2007

Legally in Canada, US, Britain, or anywhere else that I know of, you do NOT need releases to take photos of objects, property, things etc. If that were the case, there would be very few photos of anything. :lol:

A car can certainly NOT be copyrighted and it was in a show accessible to by the general public. If the owner did not want photos taken of his car, he should not have put it in a show in the first place.

Tell him to get stuffed.

skieur

Iron Flatline · Jun 11, 2007

killcrazy said:
http://www.sirimo.co.uk/media/UKPhotographersRights.pdf

This may help shed a little light on the subject. might not like, i havent looked into your query specifically. but this has helped me in the past.

Looks like if you weren't trespassing at the event, or if the event was on public property, you can do with the images as you please.

If you were at the event without invitiation, or were trespassing in any way, or if the Alfa owner owns the event location as well, then you are limited in what you can do.

phil-ray · Jun 11, 2007

the event was gheld at a local museaum but was accesable to the public free of charge, I was not tress passing and the club owners and museaum people knew i was there taking photos for the site i work for.

as i said i pulled the pics down to keep the guy happy but im good to here where i stand on things like this, its actualy the first time someones told me to pull pictures.

thanks guys

tempra · Jun 11, 2007

I'd put them back up, with an Alfa he'll be back under the bonnet trying to fix it rather than surfing the web very soon.

Explain to him that the copyright is in fact yours, and he has no right to use these pictures in any way without having a signed release form from yourself - that should keep him busy in between fixing electrical faults and rust!

Stretch Armstrong · Jun 11, 2007

skieur said:
Legally in Canada, US, Britain, or anywhere else that I know of, you do NOT need releases to take photos of objects, property, things etc. If that were the case, there would be very few photos of anything.

A car can certainly NOT be copyrighted and it was in a show accessible to by the general public. If the owner did not want photos taken of his car, he should not have put it in a show in the first place.

Tell him to get stuffed.

skieur

God, I like your spice! I was thinking the same thing except it wasn't stuffed, I was thinking.:thumbup:

killcrazy · Jun 11, 2007

phil-ray said:
the event was gheld at a local museaum but was accesable to the public free of charge, I was not tress passing and the club owners and museaum people knew i was there taking photos for the site i work for.

as i said i pulled the pics down to keep the guy happy but im good to here where i stand on things like this, its actualy the first time someones told me to pull pictures.

thanks guys

Yeah, i would put them back up to, and if he complains again then explain to him that you hold the copywrite etc.
But if i were you, if the registration plate is showing then i would blank it out. As if it were me, that would be the only thing that id be annoyed about.

ADELICATEIMAGE · Jul 12, 2007

I Could Have Not Said It Better

skieur said:
Legally in Canada, US, Britain, or anywhere else that I know of, you do NOT need releases to take photos of objects, property, things etc. If that were the case, there would be very few photos of anything.

A car can certainly NOT be copyrighted and it was in a show accessible to by the general public. If the owner did not want photos taken of his car, he should not have put it in a show in the first place.

Tell him to get stuffed.

skieur

Steve Wynn · Jul 17, 2007

In the U.S. it is simple! If you're using the photos for promotional or advertisement purposes, and it sounds like your are.... you must have a signed release!

This is covered frequently in The Professional Photographers of America forum www.ourppa.com

You have to be a member to benefit from the members only forums on copyright and legal etc.

Steve

RMThompson · Jul 18, 2007

Steve,

Your wrong. He is NOT using them for promotional purposes, he runs a website that shows pictures of cars. Now if he created banner logos with said car in question, and had them distributed around the internet, or put a picture on the front page that said "The owner of this car loves my website" then he could be some trouble.

Did you see his website? www.jon44w.com ? It shows pictures of cars.

Again:

If you are not using the picture to ADVERTISE anything, or making false claims about the owner of said car, than you have every right to publish, and even sell, the pictures you took.

If you want my personal advice? I would email him back, and offer him the photos of his beautiful car, with your permission to use them as well, but remind him that you own the copyright on these photos and you will use them to your liking.

RMThompson · Jul 18, 2007

Not that any of that matters since he is not the US, and I am speaking of US laws here.... but Steve, I am trying to stop the spread of false information.

ferny · Jul 18, 2007

I personally remove the number plates of cars I photograph. Just because I feel happier that they can't complain about it to me. But also because I don't want my cars number plate plastered around. Not that it makes much difference seeing as someone posted a video from a 1989 car show I shouted out loudly "ooo, that's my car". :mrgreen:

I take the plate out of the image and put it back, just like others have said. If you're profiting from his car then he has grounds for complaints.