Do I need permission?

Discussion in 'General Shop Talk' started by Sobrina, Feb 16, 2012.

  1. Sobrina

    Sobrina TPF Noob!

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    Hi,
    I have 2 questions for you guy's


    1-Do I need a special permit to sell a picture that I took in a park or a touristic site? I know that my question is kind weird but I'm just starting and I don't wanna get into trouble without even knowing...


    2-If I have someone in the picture, what kind of paperwork should I have them sign so they don't come back to me later on with wanting more money...

    Thanks :)


     
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  2. The_Traveler

    The_Traveler Completely Counter-dependent Supporting Member

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    1) I doubt it.

    2) model release
     
  3. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    1. It depends; which park?

    2. Agree with Travler.
     
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  4. KmH

    KmH In memoriam Supporting Member

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    Maybe. A government owned park/tourist site, or a privately owned park/tourist site?

    A contract. Your question implies you've already given them some money. I'm not sure how model release/publication law works in Canada.
    You should also become familiar with the basics of Canadian copyright law so you'll know who owns whatever photos you make.
     
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  5. Chris R

    Chris R No longer a newbie, moving up!

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    1- don't seek legal advice on the Internet

    2- don't seek legal advice on the Internet.
     
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  6. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    Agree, however these questions are a little more basic. The former depends entirely on which park, and in the case of the latter, while there are certainly variables, a properly written model release will work in 99.9998% of cases.
     
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  7. user3977

    user3977 TPF Supporters Supporting Member

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    what parks should you look out for that would charge or want you to pay for using their park to take photos?
     
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  8. Sobrina

    Sobrina TPF Noob!

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    Thanks for your answers! With those info, I know at least what to look for now ;)

    :)
     
  9. robolepa

    robolepa TPF Noob!

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    Somebody sent this to me awhile back. It answered a lot of questions I had:


    1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it.
    e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries.
    2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it.
    e.g. malls, retail stores, restaurants, banks, and office building lobbies.
    3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location.
    4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy. e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths.
    5. Despite common misconceptions, the following subjects are almost always permissible: * accidents, fire scenes, criminal activities * children, celebrities, law enforcement officers * bridges, infrastructure, transportation facilities * residential, commercial, and industrial buildings
    6. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity.
    7. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges.
    8. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs.
    9. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it.
    10. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made. These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.
     
  10. 2WheelPhoto

    2WheelPhoto TPF Noob!

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    Gotta' love a forum, ask a legal question get 20 different Internetz answers..... roll the dice and proceed =)
     
  11. KmH

    KmH In memoriam Supporting Member

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    All of that only applies in the USA.

    Bert P. Krages Attorney at Law Photographer's Rights Page
     
  12. skieur

    skieur TPF Noob!

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    Great summary and yes it DOES APPLY IN CANADA as well.

    I should add that you do not need a permit to sell a photo taken in a park whether the park is public or private. A case in Canada on that principle was ruled in favour of the photographer.

    skieur
     

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