Picture Rights: Hi there, Got a question, one of my main areas of focus is on Semi Trucks. I have pictures of trucks from truck shows that i took. Now I want to make a calendar to sell...

Double A Loc: Oxnard, CA

Hi there,
Got a question, one of my main areas of focus is on Semi Trucks. I have pictures of trucks from truck shows that i took.
Now I want to make a calendar to sell to get my name out there. I won't be making any money from the calendars, just covering the cost. Do I still need to get permission from the owners of the trucks to use their truck pic that i took??

rgrenaderphoto Loc: Hollywood, CA

Yes. If you are using photographs of other people's property, you need releases to market. You might get away with it, but you never know.

Double A Loc: Oxnard, CA

Thank you sir, appreciate it.

Apaflo Loc: Anchorage, Alaska

Double A wrote:

Hi there,
Got a question, one of my main areas of focus is on Semi Trucks. I have pictures of trucks from truck shows that i took.
Now I want to make a calendar to sell to get my name out there. I won't be making any money from the calendars, just covering the cost. Do I still need to get permission from the owners of the trucks to use their truck pic that i took??

If it is exactly what you described and nothing more then no release is needed. But if you include any advertizing or in any way promote something else then a release is required.

Essentially you can sell the pictures but you cannot use them to promote something else. Same with pictures of people.

Double A Loc: Oxnard, CA

I will only be promoting my photography business, the pictures will have my logo on them.

rgrenaderphoto Loc: Hollywood, CA

Double A wrote:

I will only be promoting my photography business, the pictures will have my logo on them.

Then you are using an image of private property to promote your business because you seek monetary gain. This will require a signed release. Try approaching the vehicle owner with a trade; a professional photo set in exchange for the rights to use their vehicle in your calendar.

Apaflo Loc: Anchorage, Alaska

rgrenaderphoto wrote:

Then you are using an image of private property to promote your business because you seek monetary gain. This will require a signed release. Try approaching the vehicle owner with a trade; a professional photo set in exchange for the rights to use their vehicle in your calendar.

Monetary gain has absolutely nothing to do with it.

The example that tells all is how publishing a book that uses images works. No image embedded in the text of the book requires a release. That is exactly where the monetary gain is though. But if any picture is used on one of the covers, that image requires a release because it is in fact promoting the book.

Just selling for profit is not what is legally described as "commercial" use. A Street Photographer (think Garry Winogrand, Joel Meyerowtiz, etc) can shoot hundreds of shots of people a day on a busy corner and sell the prints to individuals, to magazines, or publish them in book. No release is required. But heaven help anyone who buys such an image and uses it to sell their similar camera! The user, not the photographer, needs a release for commercial use.

Double A Loc: Oxnard, CA

Sounds confusing, but just to be safe this is how I'm going to go about it and thank you both for the input.
Since all of my following is currently from Instagram, and 10 out of the 12 truck owners have an Insta page. I was planning on writing out a letter letting them know that I made a calendar that had their truck in it, and that I apologize for not asking before hand but I hadn't even thought about it until someone brought it to my attention. Being sure to let them know I wouldn't be making any money by selling them, just enough to recover the cost of production, packaging, & shipping.
I really don't think they'd have a problem with it, but it will be a sign of respect and they may even want to buy one. 😉

Pablo8 Loc: Nottingham UK.

Send a complimentary picture to them, works wonders.

Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)

Double A wrote:

Hi there,
Got a question, one of my main areas of focus is on Semi Trucks. I have pictures of trucks from truck shows that i took.
Now I want to make a calendar to sell to get my name out there. I won't be making any money from the calendars, just covering the cost. Do I still need to get permission from the owners of the trucks to use their truck pic that i took??

Technically, you don't need a release. But you may want to read this and make up your own mind about what you are willing to risk. If you get sued, even if it is deemed frivolous and without merit, it will still cost you.

https://ftp.asmp.org/tutorials/using-property-releases.html#.WlYB3K6nHmE

Pay particular attention to the legal concept of "conversion" which would probably apply here.

And last but not least, do not consider any advice that does not include "speak to a lawyer" - Just because I or anyone else gives you advice doesn't mean you can use the advice in your defense in court.

Talk to a lawyer.

Kmgw9v Loc: Miami, Florida

Double A wrote:

Hi there,
Got a question, one of my main areas of focus is on Semi Trucks. I have pictures of trucks from truck shows that i took.
Now I want to make a calendar to sell to get my name out there. I won't be making any money from the calendars, just covering the cost. Do I still need to get permission from the owners of the trucks to use their truck pic that i took??

If you are serious, pay a lawyer.

Coop1947

Remove any identifying marks on the truck that show ownership like personal names, artwork, even manufacture symbols [names and ornamental shapes]. Also remove any objects or signs in the background that identify the show. Then print to your hearts delight or get a release from the owner and show promoter.

LoneRangeFinder Loc: Left field

Gotta love the “couch lawyers” and those who ask strangers on an Internet forum for legal advice....
Some may, in fact, know what they are talking about... but who vets the self-described experts?

OviedoPhotos

FWIW, I'm a councilor for a youth organization. I take annual pictures of the kids (ages 12 to 20) to display on the wall, which is private property. Each year I require that the parents and/or youth sign a photo release indicating that the photos will be displayed on the wall in the room, with no identifying information. If the the parents refuse then, which occasionally someone does, then they person is skipped.

jerryc41 Loc: Catskill Mts of NY

Double A wrote:

Hi there,
Got a question, one of my main areas of focus is on Semi Trucks. I have pictures of trucks from truck shows that i took.
Now I want to make a calendar to sell to get my name out there. I won't be making any money from the calendars, just covering the cost. Do I still need to get permission from the owners of the trucks to use their truck pic that i took??

Generally speaking, if a subject is out in public, he has no expectation of privacy. "Commercial use" is controlled, but "commercial use" means you are using the image in advertising, not simply making money from it. Don't even consider starting this project without talking to a lawyer who knows something about this area of the law.