 Barbara Senier |
Do I Need a Property Release? The county historical society asked me to photograph some local sites that are on the National Register of Historic Places. Because the society might want to publish the photos, I think I should be getting property releases when necessary. But exactly when are they necessary? Some of the sites are bridges on public roads. Because they are publicly owned, I assume that I don't need a release. Or do I? What if I stand on private property to take the shot? Some of the sites are private homes. If the photo is taken from a public road or sidewalk, do I need a release? Some of the sites are publicly owned buildings such as an armory. Do I need a release? Thanks for your help on this. Barb
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Terry L. Long |
In regards to private property: You can snap away without a release. However, if you plan to publish these images or make money with the images, you better have a release. If the historical society hires you to take the photos and the images will be theirs, I suggest you ask the society to get the release. You might find it much easier to obtain the release if the society does it for you. I did the exact same thing you're talking about, only I had the local historical society get the releases. When I was ready to photograph the private property, I approached the owners, introduced myself, and presented copies of the release and had absolutely no problems. Good luck.
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Jb |
Hi Terry L. I have to question your answer. If I take a photo of a person, no matter how prominate, or famous they are, if I took that photo in public, then I do not need a Model Release, so how would I need a Property Release for a building taken from it's public view? I would think public is public, whether person place or thing. If you know a law contrary to this I would love the opportunity to challenge it. Sincerely, jb
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Barbara Senier |
Hi, JB. I kind of agree with your take on the situation. If it's a public view, then there's probably no need for a property release. However, the approach I decided to take is more conservative than that, just to be safe. I decided to request a release for any privately owned property, regardless of whether or not the shot was a public view. So far everyone has gladly signed the release. As for publicly owned sites, I'm not requesting releases. Thanks for your interest. Like you, I remain curious about the need for a release for public views of private property. Barb
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Tye |
How would you go about getting a property release form? I had someone write my model release form, but I don't know anyone who has a copy of a property release form... Thanks, -Tye Djinn
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Jb |
Tye the best answer has got to be, talk to your Lawyer. But you can find allot of them by searching in Google. And just for a note on the subject the designer of the Rock & Roll Hall of Fame sued a photographer for taking pictures of his copy righted building without a Property Release, and selling Poast Cards made from those photos. The courts ruled that since the photos were taken from a public view a property release was not necessary, Rock and Roll Hall of Fame v. Gentile, 134 F.3d 749 (6th Cir. 1998). On another note, I have taken and published thousands of photos and have never been chalenged for such, so who knows. jb
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Tye |
Thanks so much, JB! -Tye Djinn
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