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Photographer's rights to submit for critique and possibly sell at a later date in time.
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Sep 17, 2019 13:03:32   #
Robby418 Loc: Brooklyn, New York
 
Fellow hedgehogs 😎, first of all thanks for all the insightful responses you have provided in the past. Wish I could rendezvous at some point and thank you personally. On to my inquiry which I've tried to research here but have found nothing relatable.
Say in on a building or construction jobsite as scheduled and capture images from my vantage point(s). Want to submit for critique and possibly later license/sell. What Are my obligations to either the owner, building management, etc. before proceeding? I'd like to believe I'm legal for critiqueing. Please weigh in as knowledgeable.... thanks.

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Sep 17, 2019 13:12:14   #
Bill_de Loc: US
 
Play it safe, let an attorney answer that. There are too many variables to ensure a correct answer here.

I believe it was GM that got into trouble using a building as a backdrop for a car shoot. The street artist who painted the graffiti on the wall hadn't given permission to use their art.

--

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Sep 17, 2019 13:16:08   #
donrent Loc: Punta Gorda , Fl
 
I don't care what others say, but once you publish a photo - it ain't yours no mo !

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Sep 17, 2019 13:32:30   #
JimBart Loc: Western Michigan
 
Donrent.... I have found your comment to be true on a number of sites. Just a slight difference in PP and you’ve lost all rights.

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Sep 17, 2019 13:46:05   #
rmalarz Loc: Tempe, Arizona
 
One of the things that worked for me is to present the sequence of photos to the builder, owner, and architect as a gift. That might result in getting permission a bit more easily. However, it's always best to consult a legal person. Usually, they will give you a 1/2 of free time.
--Bob
Robby418 wrote:
Fellow hedgehogs 😎, first of all thanks for all the insightful responses you have provided in the past. Wish I could rendezvous at some point and thank you personally. On to my inquiry which I've tried to research here but have found nothing relatable.
Say in on a building or construction jobsite as scheduled and capture images from my vantage point(s). Want to submit for critique and possibly later license/sell. What Are my obligations to either the owner, building management, etc. before proceeding? I'd like to believe I'm legal for critiqueing. Please weigh in as knowledgeable.... thanks.
Fellow hedgehogs 😎, first of all thanks for all t... (show quote)

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Sep 17, 2019 13:53:29   #
rehess Loc: South Bend, Indiana, USA
 
Robby418 wrote:
Fellow hedgehogs 😎, first of all thanks for all the insightful responses you have provided in the past. Wish I could rendezvous at some point and thank you personally. On to my inquiry which I've tried to research here but have found nothing relatable.
Say in on a building or construction jobsite as scheduled and capture images from my vantage point(s). Want to submit for critique and possibly later license/sell. What Are my obligations to either the owner, building management, etc. before proceeding? I'd like to believe I'm legal for critiqueing. Please weigh in as knowledgeable.... thanks.
Fellow hedgehogs 😎, first of all thanks for all t... (show quote)

Written agreement is good - especially if you get advice from a lawyer.

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Sep 17, 2019 13:56:56   #
Ched49 Loc: Pittsburgh, Pa.
 
There are possible legal loop holes in everything you do and photograph but your intent is to sell them at a later date, that puts a new spin on things but I look at it this way...who's gonna know?

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Sep 17, 2019 15:03:27   #
cascoly Loc: seattle
 
if you 're on the site as a worker/consultant, etc, you need to clarify with them as to your rights to use the images. a separate issue, submitting for a critique per se wouldnt affect your ability to sell the images.

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Sep 17, 2019 15:05:49   #
Scruples Loc: Brooklyn, New York
 
Robby418 wrote:
Fellow hedgehogs 😎, first of all thanks for all the insightful responses you have provided in the past. Wish I could rendezvous at some point and thank you personally. On to my inquiry which I've tried to research here but have found nothing relatable.
Say in on a building or construction jobsite as scheduled and capture images from my vantage point(s). Want to submit for critique and possibly later license/sell. What Are my obligations to either the owner, building management, etc. before proceeding? I'd like to believe I'm legal for critiqueing. Please weigh in as knowledgeable.... thanks.
Fellow hedgehogs 😎, first of all thanks for all t... (show quote)


I'm a hobbyist and not a professional photographer. But I would like to add a few points. First off, the only thing you have control over is being able to press the shutter. After that it can be a crap shoot. Your photographs suddenly no longer become your own when people want them. No matter how well a contract is written, people who want your work will find loopholes.
It may be a great piece of advice to actually get an attorney to give better advice than that of a Hogger. If you want to go on the cheap, you can create a poor man's copyright. Basically you mail your photos to yourself and keep them unopened unless you need to present them in court.
Lastly, pick up a copy of The Copyright Zone by Greenberg and Resnicki. It will muddle through a lot of the legalese and make some sense of derivative work.
Good Luck

Happy Shooting!

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Sep 17, 2019 15:35:03   #
G Brown Loc: Sunny Bognor Regis West Sussex UK
 
The building site is private property....so no automatic rights to take pictures on there.
Health and safety issues about climbing to any height - on a building site.(usually only specific named crew)
Co-workers may not want you to photograph them.
If you are not building site staff......no right to access. If not your allotted work place ....no access accepted on anyone's liability insurance.
My son works on high buildings....one contractor almost sacked him for taking 'selfies' at work....where he was contracted to work!...not take photo's on his phone.
Construction Industry is the second most life threatening Industry after Agriculture in the UK (highest number of fatal work place accidents for the last few decades)

does that help?

Stay safe

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Sep 17, 2019 15:51:19   #
Ched49 Loc: Pittsburgh, Pa.
 
It's well known both domestic and foreign terrorist will take photo's of a site they plan on bombing, that means a lot of the legal jargon as we know it today will go right out the window. It's the main reason I do very little construction sites and looking around buildings with a camera in my hand.

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Sep 17, 2019 17:11:31   #
Robby418 Loc: Brooklyn, New York
 
Appreciate your response G. Brown 😎. As far as access, I'm always authorized when on the property as it is scheduled for my work. And usually the contractors don't mind since I freely share some of the images of which they are in. And trust me, as a CWI(Certified Welding Inspector) and a newly Septuagenarian, safety is more than a priority. I'd like to believe that there are no issues regarding the critique whether public or not. My real concern is the selling/licensing if I'm inclined to pursue that avenue.

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Sep 17, 2019 17:18:06   #
Robby418 Loc: Brooklyn, New York
 
I'm inclined to approach that route in that it's amicable and establishes repoire. Thank you for that. I do intend to seek legal advice to be on board.

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Sep 17, 2019 17:19:56   #
JohnSwanda Loc: San Francisco
 
Robby418 wrote:
Appreciate your response G. Brown 😎. As far as access, I'm always authorized when on the property as it is scheduled for my work. And usually the contractors don't mind since I freely share some of the images of which they are in. And trust me, as a CWI(Certified Welding Inspector) and a newly Septuagenarian, safety is more than a priority. I'd like to believe that there are no issues regarding the critique whether public or not. My real concern is the selling/licensing if I'm inclined to pursue that avenue.
Appreciate your response G. Brown 😎. As far as ac... (show quote)


Your employment status could make a difference. If it is part of your job it could be "work for hire" as opposed to freelance, and you may not have rights to use the photos. When selling the photos, if you are selling them for commercial use, like advertising or promotion, you may not have the right to do that. Again, consulting an attorney about these questions are a good idea.

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Sep 17, 2019 17:20:33   #
Robby418 Loc: Brooklyn, New York
 
Agreed, thanks cascoly 😎.

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