Author Topic: Property Release (Read 9391 times)

Semmick Photo · « **Reply #25 on:** March 12, 2015, 09:59 »

Dont want to open a new thread.

Do interior images of a church need a release?

This church:
http://fr.wikipedia.org/wiki/Ensemble_conventuel_des_Jacobins

Difydave · « **Reply #26 on:** March 12, 2015, 10:41 »

The whole thing of "private property" as in land or buildings owned by someone or something, is fraught with difficulty when selling images. as far as I can tell.
We might consider a place owned by a local council to be "public property" and indeed it is, but whether it is from a point of view of being allowed there to take shots which are to be sold, is another matter. Certainly if there are doors or gates on it, and public access is restricted in some way, you have to ask yourself if you are OK shooting there or not.
Me being paranoid, I generally these days try to stick to the rule of never shooting on anywhere which could remotely be thought of as private ground, unless it really is anonymous.

wordplanet · « **Reply #27 on:** March 12, 2015, 13:47 »

Glad they reinstated you. Couldn't you have just had them re-labeled as editorial?

Property releases and when you need them is much trickier than model releases, and while they are often not necessary, many of the sites don't want to take a chance. I had a skyline where they made me take all the building names off for fear of trademark violations, but they were explicit about what they wanted me to do and I did it. I didn't think SS would just trash your entire account for a few iffy photos, they are a lot more reasonable than that. Glad it worked out.

I've done some cemetery shots - the police showed up one night while I was shooting a full moon over graves at midnight - fortunately it was okay but a little scary to see lights flaring and realize that two police cars were coming for me - I was on assignment and never thought to contact the caretaker - they expected drunk kids, so were nicer to me with my tripod though they did have to check with my editor- I usually make gravestones into illustrations to avoid the issues with names, etc, but have received rejections saying I should upload the originals. So, it's always a bit of a challenge. They do nicely at Halloween

unnonimus · « **Reply #28 on:** March 31, 2015, 13:09 »

a sign that says 'No Photography Permitted' means absolutely nothing. only a court of law can determine if photography is permitted somewhere, and it has to be based on a federal law, a state law, or a local ordinance. a private business putting up its own rules means absolutely nothing anywhere in the world.

anything that is in the public view is usually legally filmable, in almost every country.

cemetaries cannot be copyrighted, because they are not creative works. the creative work is your photo of the cemetery, not the cemetery itself.

I sell my cemetery videos and you should sell yours too, regardless of what the cemetery says.

ShadySue · « **Reply #29 on:** March 31, 2015, 14:18 »

Quote from: unnonimus on March 31, 2015, 13:09

anything that is in the public view is usually legally filmable, in almost every country.

Seems like a very sweeping statement.
But even if true, filmable doesn't mean you can sell the image commercially.
In any case, agencies usually err on the side of caution.

ruxpriencdiam · « **Reply #30 on:** March 31, 2015, 20:36 »

Anything that is not government funded is private property.

Uncle Pete · « **Reply #31 on:** March 31, 2015, 21:10 »

While true, it's not that easy. But private property is protected. You can't sell or use images commercially.

However if you are standing on public property (not window peeping or invading privacy) you can take photos into private property like Cemeteries - In the US.

There are so many complications and nuances, where are you = what country, Etc. no simple answer is right.

But down to the original question which is bringing back a thread from the dead from 2012. If there's a sign and it says something to the effect that you are not allowed to take photographs in that enclosed area, and it's private property. You Can't sell the photographs commercially. You can take all you want.

Fine point but they can't prevent the taking of photos. But they can control the use or distribution.

No cameras allowed is a different statement.

Quote from: ruxpriencdiam on March 31, 2015, 20:36

Anything that is not government funded is private property.

ruxpriencdiam · « **Reply #32 on:** March 31, 2015, 22:11 »

Quote from: Uncle Pete on March 31, 2015, 21:10

While true, it's not that easy. But private property is protected. You can't sell or use images commercially.If you are taking the images from public property you allowed to sell them as long as they are not of people with a reasonable expectation of privacy

However if you are standing on public property (not window peeping or invading privacy) you can take photos into private property like Cemeteries - In the US.True, same for most anywhere else.

There are so many complications and nuances, where are you = what country, Etc. no simple answer is right.One federal law covers pretty much all of the US.

But down to the original question which is bringing back a thread from the dead from 2012. If there's a sign and it says something to the effect that you are not allowed to take photographs in that enclosed area, and it's private property. You Can't sell the photographs commercially. You can take all you want.No you cant any sign on private property telling you you cant take images then no photographing allowed or selling them, the owner of the property can set the rules and you must abide by them.

Fine point but they can't prevent the taking of photos. But they can control the use or distribution.Yes they can prevent you from taking photos while on private property.

No cameras allowed is a different statement.

Quote from: ruxpriencdiam on March 31, 2015, 20:36
Anything that is not government funded is private property.