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Photography Question 
Robert Farley
BetterPhoto Member Since: 4/25/2006
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Would I Need a Release?


I have an image of some headstones in the fog... only the name on the front stone is visible. If I do not edit it out of the photo, would I need a release from the family?


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9/1/2006 6:14:45 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  To be on the safe side (legally, rather than spiritually), if the headstone is on /in a private cemetary and recognizable - even though it offers public access - it's private property and you ought to get a release from either the outfit On the other hand, public land cemeteries and their contents are public property like parks (not church cemeteries but publicly owned and maintained burial grounds are fair game and I wouldn't worry about a release.
Take it light.
Mark


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9/2/2006 9:19:33 AM

 
Robert Farley
BetterPhoto Member Since: 4/25/2006
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  Thanks, Mark. I am leery about it because it is a photo in the National Cemetery. I don't want to upset any soldier's family (spiritually) or the government (legally). I will probably start the legwork to obtain a release, just to be safe.


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9/2/2006 7:26:56 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  National Parks are always open season, so-to-speak, so while it's kind and even extra prudent of you to obtain a release, it's not necessary. In fact, when you shoot commercially for a federal government agency, you're granting them the right to release your work to the public domain, thus eliminating the government's need for a release to publish your work as well. Just thought I'd mention it.
And... btw, I like your work.
Take it light, Robert. ;>)
Mark


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9/3/2006 9:54:22 AM

 
Barbara Wenneberg   I approve pictures at a stock agency. We would have you clone out the names because of privacy issues. They may be dead but family members may still be alive.


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9/5/2006 7:24:52 AM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  That's all well and good Barbara but as far as being prudent, it's a bit over the top. It's just not necessary. National parks, as public property carry no right to privacy per se and no releases are required. The stock agency that reps me agrees btw.

Mark


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9/5/2006 10:32:15 AM

 
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