Releases

Discussion in 'The Aspiring Professionals Forum' started by Nwcid, Jan 27, 2018.

  1. Nwcid

    Nwcid No longer a newbie, moving up!

    Joined:
    Jan 8, 2018
    Messages:
    178
    Likes Received:
    101
    Location:
    PNW
    Can others edit my Photos:
    Photos OK to edit
    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?


     
    • Like Like x 1
  2. petrochemist

    petrochemist TPF junkie!

    Joined:
    Mar 9, 2014
    Messages:
    1,208
    Likes Received:
    318
    Location:
    North Essex UK
    Can others edit my Photos:
    Photos OK to edit
    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.
     
  3. Nwcid

    Nwcid No longer a newbie, moving up!

    Joined:
    Jan 8, 2018
    Messages:
    178
    Likes Received:
    101
    Location:
    PNW
    Can others edit my Photos:
    Photos OK to edit
    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.
     
  4. snowbear

    snowbear fuzzy-wuzzy Supporting Member

    Joined:
    Dec 9, 2006
    Messages:
    13,898
    Likes Received:
    5,258
    Location:
    SoMD
    Can others edit my Photos:
    Photos OK to edit
    As was mentioned, it depends on what state you live in.
     
  5. Nwcid

    Nwcid No longer a newbie, moving up!

    Joined:
    Jan 8, 2018
    Messages:
    178
    Likes Received:
    101
    Location:
    PNW
    Can others edit my Photos:
    Photos OK to edit
    Thank you. I know things vary a bit. I did not realize it was that state specific.
     
  6. webestang64

    webestang64 Been spending a lot of time on here!

    Joined:
    May 15, 2013
    Messages:
    1,192
    Likes Received:
    597
    Location:
    St. Louis, MO. USA
    Can others edit my Photos:
    Photos NOT OK to edit
    • Like Like x 1
  7. vintagesnaps

    vintagesnaps Been spending a lot of time on here!

    Joined:
    Jan 13, 2013
    Messages:
    6,999
    Likes Received:
    2,073
    Location:
    US
    Can others edit my Photos:
    Photos NOT OK to edit
    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.)
     
    • Agree Agree x 1
  8. smoke665

    smoke665 TPF Supporters Supporting Member

    Joined:
    Mar 29, 2016
    Messages:
    7,414
    Likes Received:
    3,162
    Location:
    Alabama
    Can others edit my Photos:
    Photos OK to edit
    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.
     
    • Like Like x 1
  9. KmH

    KmH Helping photographers learn to fish Supporting Member

    Joined:
    Apr 9, 2009
    Messages:
    41,403
    Likes Received:
    5,691
    Location:
    Iowa
    Can others edit my Photos:
    Photos OK to edit
    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
     
  10. smoke665

    smoke665 TPF Supporters Supporting Member

    Joined:
    Mar 29, 2016
    Messages:
    7,414
    Likes Received:
    3,162
    Location:
    Alabama
    Can others edit my Photos:
    Photos OK to edit


    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?
     

Share This Page