 BetterPhoto Member |
can i sell a photo of this I am getting in to selling my photos as a "Hobby" and I am going to do research for quite a while on this before I sell anything, I don't have a lot of money so I can't afford all the lawyers and hundreds of books on the subject . I have already learned alot about all the releases needed for most of the pictures you sell. My question is can I sell pictures that have road signs such as stop, yield, and signs that have the town name in them I read that signs created by governments don't have copyrights ? And would I be allowed to sell a picture "say" of an animal at a zoo as long as it doesn't have any signs with the zoo name or anything that refers to the zoo?
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Raymond H. Kemp |
Your best bet is to invest in some books on the subject. Bert P. Krages' "Legal Handbook for Photographers" is a good start, as well as Leonard D. Duboff's "The Law for Photographers". And there is Carolyn Wright's site, www.photoattorney.com. She also has a book that can be purchased from her site. All are practicing lawyers. These books are inexpensive but will provide you valuable information for not only this question, but any other issues you may encounter in the future. After you digest some of the book material, if you are still concerned as to your photographic legalities, then you should consult an attorney. Ray
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W. |
I submit it's simpler to move to a country with less draconian and more relaxed intellectual property law.
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
But England has werewolves.
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William Schuette |
Hi Amanda, generally things in the public domain such as street signs are fair game. Town names are not copyrighted but if the sign includes some logo or phrase, those could be. In special circumstance copyright law may apply to what you think are public buildings. The Golden Gate Bridge is a classic example. The fact that the building is copyrighted does not end the inquiry however. A copyright does not mean you cannot photogeraph or sell a photograph of the thing. It means you cannot commericially reproduce an image of the thing. But you could make a fine art photo of it and sell it as art. What is commercial and what is art is often blurry. To a large extent it may just be a matter of volume and intent. Selling a couple of prints individually or through a gallery is art whereas making a couple thousand postcards and sticking them in local convenience stores is commercial. If you have any question about a particular image or use, contact your local bar association and find a reputable copyright lawyer. You will not need a $1000/hour New York attorney. It should not take him much time (and, therefore should not cost much) to give you advice and then if there is any question in the future you will have some protection against any serious penalties due to the fact that you relied on a professional opinion. Bill
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