rbourque2 Loc: Portland, Maine

Does anyone here know if an aerial shot can be used commerically without a property release. This power plant in Homer City, PA is a coal generating plant with the highest or second highest towers in North America. And it's been in the news so I did not know if I could offer the image for sale.

Anyreplies are welcomed.

Donwitz Loc: Virginia Beach, VA

My understanding is that anything in public can be photographed. Think about the paparazzi. If a security guard or police request that you not photograph, you should respect their wishes. Ditto for museums, although many have very generous policies if you do not use flash or auto focus beams. Also obey "no photography" signs. This power plant in your photos appears in Google maps online, so you should be fine.

rbourque2 Loc: Portland, Maine

Since I was flying within FAA requirements, I didn't have any security guards coming over.

Thank you for your reply.

When I took the photo it was just for fun and after all the news about the plant broke I thought of offering it so I thought I better be safe then sorry.

Thank you again.

Buzz Lightyear

There's a lengthy discussion going on in another post today about "when releases are needed". I can't believe I read through that whole thing, but what I got from it is this (but remember, I am not an attorney):

It depends on what you mean by "commercial" use. Just selling the photo for your own profit is not commercial use, per se, and would be allowed since this is a publicly viewed and accessible piece of property. If however, you or anyone else you sold the photo to wanted to use the photo as an endorsement for advertising something (like a plea for donations to the "Committee Against Polluting Smokestacks"), then YES -- you would need a release signed by the property owners (and good luck with that!). At least that is my understanding of the laws.

les_stockton Loc: Eastern Oklahoma

I think you're okay. I would suggest rotating the images slightly so that the stacks are vertical and not at an angle.

jerryc41 Loc: Catskill Mts of NY

The only safe, correct answer is the one you get from an attorney who know this type of law. When you're being sued by the power company, telling the judge that the guys of the Ugly Hedgehog said it's OK will not do you much good.

Georgia Peddler Loc: Brunswick, GA

Be very careful. Technically and legally, you might be safe, but as we all know - anyone can sue anyone and $$$ are always involved no matter who wins. As a retired comerical and aerial shooter (Had a Cessna 210 with modified hole in the bottom for straight-down stuff) that was always a concern. My work was always contracted and thus I had a "permission slip" to shoot my target. But I have had another subject in the outer regions of a photo contact me and say that they didn't want to be in a picture of say, a mall, or an accident scene, etc. I always prevaled since common sense says that if you can drive down the road and see it, it is public domain as to being in a shot. Also, since they were just an ancillary target in an obviously otherwise targeted shot, they would have no recourse. But, be careful of how your photo is utilized - advertising, legal matters, sales brochures, etc. In today's super litigious society, everyone thinks they have recourse from you - the lowly photographer.

rbourque2 Loc: Portland, Maine

Thanks for the suggestion on rotating the image. Tis done. Thank you so much.

Randy Bourque

deej

Fantastic advise!

UP-2-IT Loc: RED STICK, LA

Randy, might consider another thing, don't know if Homeland Security would get involved. I know there exists somewhere a long list of establishments that are considered off limits to photographers. Power plants might be one of them.

jerryc41 Loc: Catskill Mts of NY

That's a list I would not request from the gov't. "Why does this guy want a list of our secret/secure locations? Pull his dossier and let's see who he is."

UP-2-IT Loc: RED STICK, LA

:thumbup: This is just a personal thought. Considering power plants are an important part of our infrastructure I wouldn't be to hasty in showing my photo capabilities around.