 Cathy Stancil |
Property photo release My friend and I are working on a project about our town that we will publish. I know I need P releases for private property, but what about restaurant/store front, wineries...etc... Aren't they public places ? Thanks for your help...
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Brendan Knell |
I've heard that if you shoot it from public property that you don't need a release, but I've also heard that that's not true. Chances are that it would be better to just get one anyway just to be safe. Someone else should be able to tell you for sure.
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Mark Feldstein |
Unless the land where the restaurant, stores, wineries, etc., are situated on belongs to the government or is part of a national park, then the property is private. Private property requires a release when the photos are published in any form. So, Brendan is correct in that a release is necessary. You can have the release signed by anyone who works for those places and who happens to be in a real or ostensible position of authority like a manager, assistant manager, owner, co-owner, etc. And remember, if they refuse to sign a release, regardless of their reason(s) they're entitled to do that. Mark
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Brendan Knell |
Mark, I just have a quick question. Say that they refuse to sign a release, and you've got some pics that you want to use. If you blurred their name out in PS, would that be enough to not need a release? My guess is no, but I'm curious.
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Mark Feldstein |
Nope. If the building or its facade or surrounding facade is recognizable, or if the photo includes anything identifiable, including a logo or trademark emblem, then assuming that recognition and no matter how much you modify the actual name you need a release or can't publish it. The law is pretty straightforward on that issue. M.
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Cathy Stancil |
Thank you so much Brendan and Brian ! Appreciate the help !
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Todd Bennett |
Mark, What do you make of the following site? http://www.krages.com/ThePhotographersRight.pdf I found this a while back and if I am reading this attorney correctly you can take the pictures without a release. Maybe publishing pictures that you take is a totally different animal than simply taking the photo. Todd
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Todd Bennett |
After typing my previous question I found the following website. Sums it up pretty well. http://www.travelphotographers.net/articles/articles0508/pf0508-article.html Todd
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Todd Bennett |
Also found another good website with sample releases in .pdf format. http://www.alamy.com/stock-photography-rel-guide.php Todd
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Mark Feldstein |
Greetings Todd: I thought I was pretty clear when earlier here I said: "Private property requires a release when the photos are published in any form." In other words, one can photograph private property for personal use (as long as you don't disturb the occupants) and for purposes like hanging the prints on a wall at home and even portfolio use. Publishing the image in any form, electronically (e.g., on your website is of course electronic publishing) or in print, requires a release. You should also refrain from selling the photos for stock use without a release. So, yes, Bert Krages and I are in accord on this issue. ;>)
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Todd Bennett |
Yep. You are correct as usual. After reading on the two websites I posted links to I agree. A little of my confusion came in to play when I read Mr. Krages pamphlet and it didn't discuss publishing. That is the reason for the first post and then decided to do a little web search and the results were the last two websites links I posted. I mainly posted the last to links for Cathy to back up what you had stated.
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Mark Feldstein |
Thanks Todd !! Actually, Bert Krages has put together a nice little booklet on laws that apply to photographers. I'm guessing, but I think it's available at his web site. He also consults for photographers with related intellectual property questions. As for me, while I'm a full-time photojournalist, I also serve on the legal affairs committee with ASMP. And if you guys aren't aware of what the republicans are trying to do with the copyright law amendments, take a look: Afterwards, take the law into your own jaws and DO SOMETHING like fax a form letter to your Congressman (woman) asking them to leave the law alone. Take it light gang.
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Todd Bennett |
Mark, I've written my congressman and senators about this issue. I've gotten a response from one of the senators, and expect a response from my congressman. It is a serious issue that I think people are taking too lightly. ASMP does a good job and the should keep it up. Thanks for all do. Todd
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Cathy Stancil |
Todd and Mark: Thank you so much once again for all the valuable info. But now I need help with my canon 20D. Just posted a Q, any thoughts on what coulb be happening ??? http://www.betterphoto.com/forms/QnAdetail.php?threadID=23313
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