Do I need a release?

[ICPhoto]

I have shot an image, from the stage of the Ryman Auditorium, in Nashville, TN, during paid tour. The shot is of the microphone from the performers point of view. It's a very short depth of field shot. You can see the stained glass windows behind the balcony seats. There is nothing directly indicating that the shot was taken at the Ryman. Do I need a release to sell this image? I would be selling as a fine art piece. At this point, I have no intentions of selling it for commercial use. Thanks for any info.

ICPhoto

 

[KmH]

Selling prints is considered an editorial use. Editorial usage generally does not require a property release.

However, there is an undefined point whereby if your sales numbers get large enough it would then convert to being considered a commercial use and the Ryman Auditorium could then take legal action.

The issue of 'recognizability' is also an ill defined concept and is generally left to the property owner to decide.

What that all boils down to is - It's not a good idea to rely on legal advice you get off the Internet. The safest course of action is to consult with an attorney qualified in practising publication law.

 

[tirediron]

and, in addition to Keith's points, the general rule regarding, "Do I need..." questions applies, that is: If you're asking if you need this, you probably do. It can't hurt to have the paperwork sorted beforehand.

 

[pixmedic]

very cool shot BTW. just thought I'd throw that out there.

 

[CMfromIL]

I concur...looks like an album cover, very well composed. Nice shot OP.