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Photography Question 
Becky Young
 

Stock Photo Rules/Laws


I take mostly pictures of horses. I live in Kentucky and see many photos opportunties each day. What are the laws/rules for taking stock photos. If I drive by a farm and take a picture of a mare and foal in the field, do I need permission to sell that photo, or use it on a card etc.? What if I were to just take general pictures at the race track?

Thanks for the help!


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7/29/2005 1:16:57 PM

 
Kerry L. Walker   The short answer is - Yes. For a detailed explanation, read this.

http://www.danheller.com/model-release


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7/29/2005 1:32:01 PM

 
  Becky
Anything considered private property requires releases. If you happen to unkowingly shoot a Derby winner and publish the pic they will be all over you. This pretty much goes for anything that someone owns privately, or a copyrighted or trademarked product.
Charlie


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7/31/2005 5:30:28 PM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
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  Is the information in this link all wrong then? It says you can take photos of property from a public place, such as a road, and property owners can't prohibit you from doing so.

http://www.krages.com/phoright.htm


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8/1/2005 5:47:33 AM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
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  One last question...assuming property owners and people in public places can not prohibit you from taking their photos, and even if you can not sell them, can you enter such photos into contests like BP without a release or are you subject to lawsuits for using them in contests as well?


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8/1/2005 6:01:49 AM

 
Kerry L. Walker   Sharon, the right to take a picture does not include the right to sell it.


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8/1/2005 6:02:37 AM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
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  Thanks, Kerry! That's pretty interesting.


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8/1/2005 6:41:45 AM

 

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  Sharon
Kerry is correct and that is where many people get confused. The 'right' to take the picture is completely different than the right to 'sell' the picture. There are countless incidents of photographers getting sued and losing for lack of a release. The issue regarding the right to shoot is more about trespassing on private property while the issue around sueing is more about invasion of personal privacy.


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8/1/2005 8:11:02 AM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
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  Thanks, Charlie! I almost never take images that would require a release. I've only taken a couple of pics recently that includes the backs of a crowd of people at Old Faithful. I can't imagine needing a release for something like that, although I don't intend to be selling it anyway. It is in the contest though.


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8/1/2005 10:13:36 AM

 
Becky Young   Thank you for the information. The link had great information. I am new to this and thinking about trying to make some money with my photography on the side, but I want to do it right.

I am sure this was covered in the information and I may have missed it, but here are two senerios:

1. I take a general picture of all the horses and people standing around the paddock. If I want to put this on a postcard I don't need a model release b/c there is no one person that is the subject of the photo, but do I need a release from the race track to sell the photo?

2. If I take a shot of the horses coming out of the starting gate can I put that on a postcard and sell it or do you need permission from the track? Again there is no one horse or jockey that is the subject of the photo just a general starting gate picture.

Thank you for all your help. This is the most informative site I have found to date and can't wait to take some classes.


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8/2/2005 6:34:52 AM

 
Kerry L. Walker   Legally, you would probably need a release from the track and from all people and woners of all horses in the photo. If in doubt, check with an attorney.


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8/2/2005 7:24:21 AM

 
Lisa Young   I know some sporting places have photography rights stated on the back of the tickets you buy. Most say you can't sell the photos you take, but haven't seen anything about contests. So I think it is kind of a gray area there.


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2/12/2006 10:15:02 AM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  [DID SOMEBODY SAY....ATTORNEY !!!! ]

Actually Lisa, the area you're talking about is pretty black and white. Without a release, in most instances you can't publish whether or not it's for profit or these days, even newsworthy.

Most photo contests presume or somewhere in the fine print, usually tell you, that a release is required as they tell you that they will "publish" in print and/or electronically the winning images. So, if you win, without the release you would have to either get one quickly, or default. In addition, most photo contests offer something of value for winning, whether it's a roll of film, something else of value or just monetary compensation. The law views such transactions in a technical sense, as a "sale" or actually selling the image. Seewhatimean?
Take it light.
Mark
______________
So there's this lawyer trying to get into heaven and St. Peter, studying a clipboard, says to the guy, "Congratulations, you're the oldest attorney we've ever had apply for admission up here." The lawyer looks at St. Pete and says, "Hey, whaddya mean? When I died, I was a young guy, only 45." St. Pete rechecks his notes and shaking his head says, "Look pal, according to the total number of hours that you billed your clients for, when you died you were 123.


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2/12/2006 11:23:05 AM

 
Carolyn  M. Fletcher
BetterPhoto Member Since: 10/6/2001
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  Reminds me of the one where the lawyer is standing in line behind the Pope at the pearly gates waiting for housing assignments..The Pope gets a shack and they assign the lawyer a palace. The lawyer says "Hey, that's the POPE, how come he gets a shack and I get a palace?".St.Peter says, "He's one of many Popes we have here, but you're our first lawyer".


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2/12/2006 1:16:53 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Good one Carolyn !!


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2/12/2006 5:22:16 PM

 
Ken Raymond
BetterPhoto Member Since: 1/31/2006
  Read this thread on Google answers, http://www.google.com/answers/threadview?id=475646 it also speaks of permissions.


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2/13/2006 3:50:54 AM

 
Irene Troy
BetterPhoto Member Since: 5/27/2004
  Becky I am not sure where you are in Kentucky; however if you are in the Lexington area (which I suspect due to your references to race tracks etc.) go to Keenland and find the public affairs office. Talk to them about your concerns and explain what it is that you are trying to do. They can be extremely helpful and kind when they know that you are not trying to encroach on the territory that the pros already have covered. The other place to check for help is the Kentucky Horse Park. Keep in mind, as you travel the back roads around the horse farms that many of those mares and foals you see are worth an absolute fortune! If you photograph them and then attempt to sell the photos you will quickly find yourself in hot water! There are some farms that will be welcoming to you and will readily permit you to photograph and even sell those photos as long as you ask first; only shoot the horses they permit you to photograph and offer the farm copies of your images. Other places to check are Tattersals during the spring sales; the Jockey Club and the Kentucky Racing Commission offices in Frankfort. All of these places have, in the past, been receptive and very helpful.


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2/13/2006 6:55:30 AM

 
Becky Young   Thanks for the info. I posted this in July of last year, but it seems to have been resurrected. Thanks for the tips.


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2/13/2006 9:50:36 AM

 
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