BetterPhoto Q&A
Category: Photography Careers and Making Money

Photography Question 

Pamela H. Shumate
 

Taking pictures of a public shopping center


I have been asked to take pictures of a public shopping center, by an individual shop owner. They want to use these picture in there decor in the store. Are there any legal issues since its a public shopping center with business names and brands visible? The pictures will not be for sale and they will be taking during closed hours with no shoppers around. Thanks for any info.


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September 25, 2008

 

Mark Feldstein
  It's NOT a "public shopping center" unless it's owned and operated by a governmental entity. Rather, it's probably a privately owned shopping center open to the public. That's a big difference.

See if the shopping center has an office for a lawyer, who, specializes in intellectual property law and get their written opinion. Chances are you should have releases from the center management and/or store owners and let your client get them for you and in your name. Get a book on the Law for Photographers, like by Bert Krages and Business Practices for Professional Photographers from ASMP.org, read them, customize the forms, and make sure you've got liability insurance. I assume also you're being paid for this work. In that case, the photos ARE for sale by you to the store owner. Seewhatimeaneh?
Take it light ;>)
Mark


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September 25, 2008

 
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