question about shooting other people s property
Mar 3, 2012 13:16:57 #
Last fall I was driving down the road and noticed someone's driveway. It was really pretty lined with trees changing colors and mums were placed between the trees. I took a picture from the road and it turned out really well. I was thinking of including it in a coffee table book which I hope I can eventually sell. Do I need to approach the owner of the property and get permission to publish the picture.
Mar 3, 2012 13:25:41 #
Mar 3, 2012 13:37:26 #
Mar 3, 2012 15:52:11 #
Mar 3, 2012 17:01:36 #
I'm not certain of this. I am certain that you don't need permission to shoot it but once you decide to publish it which would be a commercial use of the photo, I'm pretty sure you're going to need a signed Property Release. Before I included it in a book, I'd ask a lawyer.
You can also check out this webpage from the American society of Media Photographers: http://asmp.org/tutorials/using-property-releases.html
You can also check out this webpage from the American society of Media Photographers: http://asmp.org/tutorials/using-property-releases.html
Mar 3, 2012 22:41:39 #
Be careful of the information you get here. FrankT is the only one even close.
If the property is recognizable, and you sell the image, a property release would be advisable. Yes, if you shoot from a public area, you can TAKE the image, but that does not confer unlimited rights. You should check with a intellectual property attorney on this one.
If the image were used to promote the book, you definitely need a release as that is the definition of a commercial use. Including it IN the book might well be a different story.
But the mis-information that taking it from public property absolves you of any responsibility is flat wrong.
If the property is recognizable, and you sell the image, a property release would be advisable. Yes, if you shoot from a public area, you can TAKE the image, but that does not confer unlimited rights. You should check with a intellectual property attorney on this one.
If the image were used to promote the book, you definitely need a release as that is the definition of a commercial use. Including it IN the book might well be a different story.
But the mis-information that taking it from public property absolves you of any responsibility is flat wrong.
Mar 3, 2012 23:46:09 #
thanks everyone, I guess i need to talk to a lawyer. the house is not in the pictures just the driveway but it is recognizable if you are familiar with the area.
Mar 4, 2012 00:56:05 #
Generally, if used for editorial purposes you don't need a property release. If you were to license the rights for commercial/ advertising purposes, then you probably would. Unless one of us here is an attorney and can positively assure you one way or the other I'd suggest that If there's a question consult an attorney.
Mar 4, 2012 06:08:19 #
I would actually contact the judge who will preside over
your trial first, to see what he recommends. His decision
will override what your attorney tells you.
Just kidding.
your trial first, to see what he recommends. His decision
will override what your attorney tells you.
Just kidding.
Mar 4, 2012 07:17:52 #
Beyond the legalities, it seems the right thing to do would be to ask permission.
Mar 4, 2012 08:22:14 #
patrick9240 wrote:
I would actually contact the judge who will preside over
your trial first, to see what he recommends. His decision
will override what your attorney tells you.
Just kidding.
your trial first, to see what he recommends. His decision
will override what your attorney tells you.
Just kidding.
There is more truth to this statement than you realize. I speak of over 30 years experience in the our legal system, both civil and criminal,
Mar 4, 2012 08:32:54 #
It would be appropriate to offer an 8X12 ( framed and matted) to the party.
A simple gesture would go miles towards good will, and one never knows, you might get some work from it.
A simple gesture would go miles towards good will, and one never knows, you might get some work from it.
Mar 4, 2012 08:45:54 #
I love that suggestion. I have it hanging in my office in an 11 by 14 and it gets more praise than any other piece in there.
thanks again everybody.
thanks again everybody.
Mar 4, 2012 08:59:31 #
When you give them the picture be sure and have them sign a release. - Dave
Mar 4, 2012 09:00:19 #
CaptainC wrote:
Be careful of the information you get here. FrankT... (show quote)
Cliff,
I would never think of publishing the photo without the release, I have a friend that is in a similar predicament right now. The minute money becomes involved all bets are off, releases are manditory.
George
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