MicrostockGroup
Microstock Photography Forum - General => General Stock Discussion => Topic started by: Beppe Grillo on March 08, 2013, 02:43
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I understand that I cannot use the photo of the tomb of any people, or photos where I can see their name if I have not a release from them, but for this I should go for a trip in the beyond…
But what about the photos of famous people tombs? (famous writers as Marcel Proust or Molière, or any famous artist, painter, sculptor, actor, etc.)
Can I publish these images without any release or authorization?
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They would, like alive celebrities, be fair game.
Editorial of course. But there might be limitations commercially but the responsibility would lie with the end user.
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And what if I remove the names as on these (they are not famous people's tombs)?
http://img29.imageshack.us/img29/1363/20091006a2m5355clean2mo.jpg (http://img29.imageshack.us/img29/1363/20091006a2m5355clean2mo.jpg)
http://img404.imageshack.us/img404/2079/20091006a2m5361clean.jpg (http://img404.imageshack.us/img404/2079/20091006a2m5361clean.jpg)
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They would, like alive celebrities, be fair game.
Editorial of course. But there might be limitations commercially but the responsibility would lie with the end user.
Should be true but ss won't take Oscar Wilde s art. deco tomb or Napoleon s Marshall etc from Pere lachaise
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They would, like alive celebrities, be fair game.
Editorial of course. But there might be limitations commercially but the responsibility would lie with the end user.
Should be true but ss won't take Oscar Wilde s art. deco tomb or Napoleon s Marshall etc from Pere lachaise
But isn't ss famousy iffy about editorials, bizarrely needing them to be 'newsworthy'?
That said, some graveyards might be private property, therefore need some sort of permission, depending on the agency.
Alamy has some restrictions, usually if someone has rattled their cage, but their t&c put the onus firmly on the buyer. Also although prices there are falling, you might make more from the occasional sale there than the occasional sale this sort of pic might get at a micro. Alamy is certainly a long game, though.
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Don't forget famous toms almost always have statues/statuettes, made by an artist. So the artist should be dead 75 years before you can use an image of the tomb commercially. Because of that, I never photograph tombs with dates after 1850 (75yrs + average age 80y).
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Then you can debate whether these images are more likely to be used editorially or commercially.
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Well, mine were clearly intended for commercial use, as there was a model involved ... ;)
(not selling very well to be honest).
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Thanks to all for your answers.
So I will try with few images on different sites to understand how they react in front of this kind of material
– And happy 8 March to "our" ladies!
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Also depends on where you take them. Some cemeteries are private property and all photography for commercial use is forbidden.
As always, private property, the owner has the right to forbid photography on their premises. That's an easy one.
If it's a public property tomb, you have different conditions.
Have Fun! The next question should be, will the agencies accept them and what's the market? Does anyone want to pay for the shots?
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The pyramids are allowed, it seems :)
http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form (http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form)
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The pyramids are allowed, it seems :)
[url]http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form[/url] ([url]http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form[/url])
Be careful, Djet or Nunetjer could complain…
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The pyramids are allowed, it seems :)
[url]http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form[/url] ([url]http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form[/url])
Be careful, Djet or Nunetjer could complain…
Copyright and everyone involved expired, thousands of years ago. ;)
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The pyramids are allowed, it seems :)
[url]http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form[/url] ([url]http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form[/url])
Be careful, Djet or Nunetjer could complain…
Copyright and everyone involved expired, thousands of years ago. ;)
They tried:
http://news.nationalgeographic.com/news/2008/01/080115-egypt-copyright.html (http://news.nationalgeographic.com/news/2008/01/080115-egypt-copyright.html)
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The pyramids are allowed, it seems :)
[url]http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form[/url] ([url]http://www.shutterstock.com/cat.mhtml?searchterm=pyramids+egypt&search_group=&lang=en&search_source=search_form[/url])
Be careful, Djet or Nunetjer could complain…
Copyright and everyone involved expired, thousands of years ago. ;)
They tried:
[url]http://news.nationalgeographic.com/news/2008/01/080115-egypt-copyright.html[/url] ([url]http://news.nationalgeographic.com/news/2008/01/080115-egypt-copyright.html[/url])
Ah I see, they want to Copyright the pyramid shape now? :o Bad enough that someone else wants to claims rights to a mountain, that they are leasing. There's a law in Italy that protects what would be public domain in other countries. The cultural heritage and landscape law. Every country can be different, so there's no single or simple answer.
Back to the OP. Private property is private in the US, the owner holds the right to approve or restrict photography. Public artwork installed before 1923 is considered to be public domain, and can be photographed freely. If taking tomb photos in a public location, you are fine. If on private property that restricts photography, you would need a release.
Back to the usual disclaimer. The agencies make their own rules, which may not be the same as laws.
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Ah I see, they want to Copyright the pyramid shape now?
What can we expect from a World in which companies are fighting for the patent of a rectangle with round angles?