I am undertaking a project to photograph 50 - 80 doors in a town. The end product will be a large poster with all of these unique & interesting doors (hopefully). I have seen these posters before and they can be interesting. The town then plans to sell the posters. My question is this, do I have to get permission, (a release) from every door owner to use their door image, or am I free to shoot away and publish?
balexander101 wrote:
I am undertaking a project to photograph 50 - 80 doors in a town. The end product will be a large poster with all of these unique & interesting doors (hopefully). I have seen these posters before and they can be interesting. The town then plans to sell the posters. My question is this, do I have to get permission, (a release) from every door owner to use their door image, or am I free to shoot away and publish?
The general rule is that if you are in a public place, you can take a picture of whatever you can see.
Since the town is going to be selling these pictures, I would put the legal burden on the town. They should publicize the event and get permission from those door owners, if desired. They can explain the legalities of taking pictures from a public location.
balexander101 wrote:
I am undertaking a project to photograph 50 - 80 doors in a town. The end product will be a large poster with all of these unique & interesting doors (hopefully). I have seen these posters before and they can be interesting. The town then plans to sell the posters. My question is this, do I have to get permission, (a release) from every door owner to use their door image, or am I free to shoot away and publish?
Ok....this is the truth...though you will hear all manner of advice from now on.
IF:
1.) You are in the US.
2.) From a vantage point on PUBLIC property (sidewalk, park, etc) the subject IS plainly visible.
3.) You are NOT invading someone's expectation of privacy (shooting into their bathroom through curtain slit)
4.) You WON'T be using the images to advertise a product or service.
Then:
You may do what you wish with them....i.e. display them, sell them, print them, sell prints, sell t-shirts, etc.
yes, you need a release! You are photographing someone's private property for commercial purposes. Since you are doing this who your town, ask the town to obtain a legal opinion regarding this.
Paul K. wrote:
yes, you need a release! You are photographing someone's private property for commercial purposes. Since you are doing this who your town, ask the town to obtain a legal opinion regarding this.
Patently untrue (In the US at least)
Not true.
Unless by "commercial purposes" you mean "used to ADVERTISE a product or service" and not "for sale" or "to make things for sale" or "make a profit off of" which are all permissible without a release.
Assuming that the door is the front door and you photograph the outside of the door and the property is not posted no trespassing, in the US you do not need a release.
rpavich wrote:
Patently untrue (In the US at least)
Not true.
Unless by "commercial purposes" you mean "used to ADVERTISE a product or service" and not "for sale" or "to make things for sale" or "make a profit off of" which are all permissible without a release.
Actually its true you need a release, and if there is a someone producing this project They will not publicize it without a release. I'm sure they will tell you this if you ask.
If lets say you were taking photos of doors for personal use as you were walking by, you would not need the release.
If standing on public ground you can even take a photo of the door and the no trespassing sign because you are not trespassing.
You do not need a release.
strikerazde wrote:
Actually its true you need a release, and if there is a someone producing this project They will not publicize it without a release. I'm sure they will tell you this if you ask.
If lets say you were taking photos of doors for personal use as you were walking by, you would not need the release.
Again...not true. Not at all.
You take a picture of my Front Door and I see it on the poster. I am a SOB and do not like it. I have my attorney contact you. You might be right, but it will take $ to prove it. Get a Hold Harmless from the town.
My other personality is not a SOB and I would be proud to have my Door in the Poster....but Murphy's Law is still in force!
Poison Ivey wrote:
You take a picture of my Front Door and I see it on the poster. I am a SOB and do not like it. I have my attorney contact you. You might be right, but it will take $ to prove it. Get a Hold Harmless from the town.
My other personality is not a SOB and I would be proud to have my Door in the Poster....but Murphy's Law is still in force!
No it won't....this kind of hypothetical is as likely as getting hit by an asteroid.
You see your front door on a poster that I had printed and you go to your attorney he's going to laugh you out of his office.
If he doesn't...I will laugh at you and let you know that you will be paying for both my attorney's fees and your own....all to protect a photo of your front door?
This isn't even in the realm of reality.
Poison Ivey wrote:
You take a picture of my Front Door and I see it on the poster. I am a SOB and do not like it. I have my attorney contact you. You might be right, but it will take $ to prove it. Get a Hold Harmless from the town.
My other personality is not a SOB and I would be proud to have my Door in the Poster....but Murphy's Law is still in force!
If the lawyer didn't know that was legal, you picked the wrong lawyer. He might just want to take you money and bring it to court anyway. You lose, but he gets paid.
Ok guys play nice... Attorneys are like ants at a picnic and that my attorney can't say how I define yours. But we are all aquaintances with cameras... Right.
balexander101 wrote:
I am undertaking a project to photograph 50 - 80 doors in a town. The end product will be a large poster with all of these unique & interesting doors (hopefully). I have seen these posters before and they can be interesting. The town then plans to sell the posters. My question is this, do I have to get permission, (a release) from every door owner to use their door image, or am I free to shoot away and publish?
By the time you work your way down to my reply, you're no doubt confused. All I can offer is an opinion based on my past occupation, working for our local newspaper as a photographer. We were told as long as we stood on PUBLIC property, (like sidewalk, street, etc.) ANYTHING we photographed was OK to publish. I also shot exterior photos of houses for a Real Estate company, and we never, ever were required to obtain a release.
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