Releases

[Nwcid]

Right now I mostly shoot "objects" vs people. I have read quite a bit on copyright and releases. For people "models" it seems relatively straight forward.

If I understand correctly, taking pictures of private property, even if visible from public areas, would require a release if the image was to be used for commercial purposes. Is that a correct or at least mostly correct statement?

Right now I find myself taking lots of pictures of old barns, abandoned places, ect which all do have owners. At the moment I have no plans of using any commercially. In the future if I decided to make a calendar or book of "old barns" that would become commercial and require a release. Is that correct?

Last but not least. If I need a release, and I got a release when I took the picture, but I don't create the "book" for several years. At that time the property has changed owners. Do I need a release from the current owner?

 

[petrochemist]

There's only one reasonable answer you can expect from a photography forum on matters like this. If you want legal advice ask a lawyer.

The details of laws on matters like this vary considerably from place to place. I believe even from state to state but I live in the UK so that doesn't effect me anyway.

 

[Nwcid]

Of course direct legal advice is always best. But at the moment just looking for some guidance or others personal experiences.

If I was moving forward with a specific project I would go to a lawyer for sure.

 

[snowbear]

As was mentioned, it depends on what state you live in.

 

[Nwcid]

Thank you. I know things vary a bit. I did not realize it was that state specific.

 

[webestang64]

Copyright Law of the United States | U.S. Copyright Office

 

[vintagesnaps]

You seem to be on the right track about property releases. Try American Society of Media Photographers - Homepage or PPA for guidelines. My understanding is that releases would be needed for commercial use (business, marketing, ads, etc.) or retail use (T shirts, mugs, etc.). Usually releases aren't needed for editorial use (newspapers, media outlets) but may be requested by a publication. For an art print intended for the buyer's personal use (to hang on the wall) usually a release wouldn't be needed.

I'm not sure about the last part of your questions, my thinking would be probably yes?? but I don't think I've ever read anything specifically about change in property ownership.

ASMP did have a 'pocket' release and an app, but since the site changed I'm not sure if that's on there or still available to non members. If you search for something specific by ASMP it may come up with the appropriate page from their older site (which changed maybe this past fall, it was fairly recent). Such as searching ASMP property release instead of going directly to the site. (At least that's what I did when the site first changed and I couldn't find something.)

 

[smoke665]

How you obtained the image (if the object or person is clearly visible from a public place) and you don't use the image for commercial promotion, then you likely don't need a release.

Images obtained from a public place or viewable from a public place generally don't need a release when used as editorial content, or art.

As in all cases involving the law you should contact an attorney in you state for guidance.

 

[KmH]

Copyright is federal law in the US.
Release law in the US is state law and there are 50 somewhat different versions. Note too that release law is often not cut & dried like some other laws, say for example like traffic laws.

One also needs to understand the differences between editorial and commercial usage of photographs.
Images used in a calendar would be an editorial use, not a commercial use.
Or put another way, there are editorial uses of images that do not require having a release on file for the image.

Photography and the law - Wikipedia

 

[smoke665]

Images used in a calendar would be an editorial use, not a commercial use.

Again an attorney would be wise. Is the calendar "art" or a "product", is it promoting a company or organisation. Is the sole purpose of the calendar financial gain?