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Author Topic: Liabilty?  (Read 3051 times)

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« on: August 11, 2014, 16:17 »
0
Recently, one of agency/distributors I deal with received a claim in regards to a property image in my portfolio that I took several years ago (a bed and breakfast). The agent/distributor is requesting from me specific information about the shot. Can I be liable in any way for this claim? Just wondering.
Thanks


Goofy

« Reply #1 on: August 11, 2014, 16:30 »
0
Recently, one of agency/distributors I deal with received a claim in regards to a property image in my portfolio that I took several years ago (a bed and breakfast). The agent/distributor is requesting from me specific information about the shot. Can I be liable in any way for this claim? Just wondering.
Thanks

iStock? Just give them information and let them decide if you need a property release. They have deeper pockets than you thus they are covering their backside first... 8)

« Reply #2 on: August 11, 2014, 17:02 »
0
Recently, one of agency/distributors I deal with received a claim in regards to a property image in my portfolio that I took several years ago (a bed and breakfast). The agent/distributor is requesting from me specific information about the shot. Can I be liable in any way for this claim? Just wondering.
Thanks

Tell them you want details of the claim.  I assume you don't have a release?

« Reply #3 on: August 11, 2014, 17:04 »
0
Hmmm...Just did a little checking with regards to the image. Seems it ended up on a book cover, and was made into a movie. Nope, never got a property release...or an extended license. The image, of course, was deactivated last April.

« Reply #4 on: August 11, 2014, 18:18 »
0
Recently, one of agency/distributors I deal with received a claim in regards to a property image in my portfolio that I took several years ago (a bed and breakfast). The agent/distributor is requesting from me specific information about the shot. Can I be liable in any way for this claim? Just wondering.
Thanks

b&bs, hotels, across the continents  have a unique design or room color scheme, (bedsheets, curtains,etc).. even down to the folding style of their blanket-cover to eg in one hotel in North Africa, shape like a flower. To this point that everything in detail of that hotel is highly recognizable, i would say a PR is needed.
hopefully in your case, it is a generic design and not to this extensive identity.
« Last Edit: August 11, 2014, 18:23 by etudiante_rapide »

Goofy

« Reply #5 on: August 11, 2014, 19:57 »
0
Recently, one of agency/distributors I deal with received a claim in regards to a property image in my portfolio that I took several years ago (a bed and breakfast). The agent/distributor is requesting from me specific information about the shot. Can I be liable in any way for this claim? Just wondering.
Thanks

b&bs, hotels, across the continents  have a unique design or room color scheme, (bedsheets, curtains,etc).. even down to the folding style of their blanket-cover to eg in one hotel in North Africa, shape like a flower. To this point that everything in detail of that hotel is highly recognizable, i would say a PR is needed.
hopefully in your case, it is a generic design and not to this extensive identity.

Good luck getting a PR from the hotel!  Also any Vegas or Disney area- just leave the camera home...

ShadySue

  • There is a crack in everything
« Reply #6 on: August 11, 2014, 21:17 »
-1
Good luck getting a PR from the hotel!  Also any Vegas or Disney area- just leave the camera home...
Or designate your images as editorial (if shot from a public place).

ShadySue

  • There is a crack in everything
« Reply #7 on: August 11, 2014, 21:21 »
0
Hmmm...Just did a little checking with regards to the image. Seems it ended up on a book cover, and was made into a movie. Nope, never got a property release...or an extended license. The image, of course, was deactivated last April.
Might depend on the agency, but book cover and still in a movie normally wouldn't need an EL, certainly not if bought from iS (book under 500k copies).

« Reply #8 on: August 11, 2014, 21:35 »
0
Hmmm...Just did a little checking with regards to the image. Seems it ended up on a book cover, and was made into a movie. Nope, never got a property release...or an extended license. The image, of course, was deactivated last April.
Might depend on the agency, but book cover and still in a movie normally wouldn't need an EL, certainly not if bought from iS (book under 500k copies).
But if the owner of the B&B saw the book cover and wondered why they did not get a cut?  Might be why there is an inquiry.

ShadySue

  • There is a crack in everything
« Reply #9 on: August 11, 2014, 21:52 »
0
Hmmm...Just did a little checking with regards to the image. Seems it ended up on a book cover, and was made into a movie. Nope, never got a property release...or an extended license. The image, of course, was deactivated last April.
Might depend on the agency, but book cover and still in a movie normally wouldn't need an EL, certainly not if bought from iS (book under 500k copies).
But if the owner of the B&B saw the book cover and wondered why they did not get a cut?  Might be why there is an inquiry.
It's only speculation, but it would depend on a lot of things, e.g. is the image taken from/or the inside or garden, from the street, is the image sold as editorial, the legislation of the country concerned etc. Might depend on the book cover, e.g. they'd look stupid if they were complaining about being on the front cover of a tourist guide to their city/country.

« Reply #10 on: August 12, 2014, 02:58 »
0
Recently, one of agency/distributors I deal with received a claim in regards to a property image in my portfolio that I took several years ago (a bed and breakfast). The agent/distributor is requesting from me specific information about the shot. Can I be liable in any way for this claim? Just wondering.
Thanks

b&bs, hotels, across the continents  have a unique design or room color scheme, (bedsheets, curtains,etc).. even down to the folding style of their blanket-cover to eg in one hotel in North Africa, shape like a flower. To this point that everything in detail of that hotel is highly recognizable, i would say a PR is needed.
hopefully in your case, it is a generic design and not to this extensive identity.

Good luck getting a PR from the hotel!  Also any Vegas or Disney area- just leave the camera home...

I got a property release from a hotel once for a shoot - so it is possible.

A B&B is probably a lot more 'mom and pop' type shop and hopefully isn't as branded as say, a large chain hotel.


 

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