Do I need a release for this or not? Thoughts?

[tirediron]

I am shortly going to be undertaking a project which will include pictures of a number of fences. Most of them will be anonymous, however a couple will be unique and identifiable by the owners should they see the pics. Should I get a property release for the pics or not? The pics will be published, but not necessarily for profit.. Help, I'm confused!

 

[wil]

I would Just to safe. You don't want a law suit later.

 

[Mike Jordan]

It depends on what country you live in and if these are famous fences or just fences. By famous I mean have they been published before? It might surprise some people, but most of the recognizable landmarks that we see (like buildings, bridges, landmarks, etc.) are already copyrighted. Usually a city, state or some other agency or individual owns the copyright. So it might not be the property owner that holds the copyright, it might be another photographer. But generally yes, if the property is private property and the publication is not news related (I think education falls in there somewhere as well), then it's a good idea to obtain a property release from the owner. If it's city, state or government propterty it might be more difficult. You might ask the publication that these pictures are going to be in. Or spend a half hour or so with a trademark/IP lawyer and get his opinion.

Disclaimer: I'm not a lawyer, so this is just my opinion based on what I've read and heard and discussed with an IP lawyer a few times. Any of the above could be completely wrong based on what you are going to do.

Mike

 

[Hertz van Rental]

I'm not sure if this is the right section for this question. General Q&A might generate more responses, but I'll leave it here for now and see. If nothing much happens then I'll move it.