Property Release question

[TerryW]

If I take photos of classic cars that the owners buy, do I need a property release signed by them to also sell the photos to 50's style diners/restaurants?

 

[KmH]

If I take photos of classic cars that the owners buy, do I need a property release signed by them to also sell the photos to 50's style diners/restaurants?

You don't give enough information about the circumstances by which the photos are/were made.

I would be thinking more about the car manufacturer, than the car owner, because of possible trademark issues.

Of further concern would be that the situation changes dramatically, if your print sales reach a point it could be considered mass distribution.

 

[TerryW]

Photos taken at a classic car show, horseless buggy to '72 GTO, later presented to owners for sale (haven't yet), I don't know if there's enough 50's style diners that would result in mass distribution.

Starting with the property release question for now. Most probably would sign the release for the purpose of having them hanging in 50's style diners. My question is, do I need them to?

 

[skieur]

If I take photos of classic cars that the owners buy, do I need a property release signed by them to also sell the photos to 50's style diners/restaurants?

You don't give enough information about the circumstances by which the photos are/were made.

I would be thinking more about the car manufacturer, than the car owner, because of possible trademark issues.

Of further concern would be that the situation changes dramatically, if your print sales reach a point it could be considered mass distribution.

Trademark is irrelevant, in the sense that you cannot violate a trademark by photographing it. Trademark law involves the concept of "passing off" as violation, which means for example duplicating/using the symbols, shapes, logos, etc. of Ford on a car that you constructed yourself and then trying to "pass it off as a Ford" in the process of selling it to someone else.

skieur

 

[skieur]

Whether you need permission would depend on the shot. If all you see in the shot is a particular car from the 50s, then the answer is probably no. If on the other hand, the owner is identifiable in some way or the show where it was taken, then you are indirectly suggesting a promotional/advertising relationship exists between the owner/show venue and the diner where it is being displayed. In the latter case it would be better to get permission.

skieur

 

[KmH]

Photos taken at a classic car show, horseless buggy to '72 GTO, later presented to owners for sale (haven't yet), I don't know if there's enough 50's style diners that would result in mass distribution.

Starting with the property release question for now. Most probably would sign the release for the purpose of having them hanging in 50's style diners. My question is, do I need them to?

With the vehicles displayed in public when you make the images, and the images not being made under controlled conditions (like you setting up lights and light modifiers), then no, you would not need a property release to subsequently sell those images as art, nor to use them for self-promotion or self-publishing.

Selling images as art is considered editorial, not commercial. At least as long as it can't be considered mass distribution.

Perhaps you should invest in the inexpensive book: A Digital Photographers Guide to Model Releases by Dan Heller. It also includes a section on Property Releases.