Author Topic: Do I Need A Property Release Here? (Read 4307 times)

PigsInSpace · « **on:** May 27, 2016, 20:21 »

I've had a photo of a State Supreme Court building rejected by Shutterstock three times for needing a Property Release. The building isn't a private office building, it's owned by the state.

They've accepted my photos of the building across the street... the Capitol.

Could the fact that the building was built in the 1970's be the issue? That the architecture is copyrighted? They didn't reject it for copyright reasons.

Thoughts?

Pauws99 · « **Reply #1 on:** May 28, 2016, 03:05 »

Only SS will have the answer their site their rules. I think the whole issue of property and even model releases is a legal minefield but agencies tend to be very cautious

alno · « **Reply #2 on:** May 28, 2016, 04:53 »

Quote from: PigsInSpace on May 27, 2016, 20:21

I've had a photo of a State Supreme Court building rejected by Shutterstock three times for needing a Property Release. The building isn't a private office building, it's owned by the state.

They've accepted my photos of the building across the street... the Capitol.

Could the fact that the building was built in the 1970's be the issue? That the architecture is copyrighted? They didn't reject it for copyright reasons.

Thoughts?

I had some kind of this issue recently. There were numerous clips of the same public building. Several videos were accepted and one rejected because of property release missing. Just try to submit it once again.

unnonimus · « **Reply #3 on:** May 28, 2016, 07:18 »

According to the US copyright office, all buildings before 1990 are not protected by copyright.

Also, windows, doors, and anything that is a necessary structure of a building are not protected by copyrighted.

http://copyright.gov/circs/circ41.pdf

Ineligible Building Designs
The following building designs cannot be registered:
• Designs that were constructed, or whose plans or drawings were published,
before December 1, 1990
• Designs that were unconstructed and created in unpublished plans or drawings
on December 1, 1990, and were not constructed on or before December
31, 2002
• Structures other than buildings, such as bridges, cloverleafs, dams, walkways,
tents, recreational vehicles, mobile homes, and boats

Some buildings not protected by copyright in the US:
Empire State Building
Chrysler Building
all buildings built before 1990

PigsInSpace · « **Reply #4 on:** May 28, 2016, 12:49 »

Quote from: Pauws99 on May 28, 2016, 03:05

Only SS will have the answer their site their rules. I think the whole issue of property and even model releases is a legal minefield but agencies tend to be very cautious

I did reach out to Shutterstock, but have not heard back. I've seen past posts here where a responder had the flash of insight that I'm looking for.

However, I'm thinking it's most likely that the reviewer saw the image, noticed there was no property release, and didn't even read the caption pointing out that it was a government building. Unfortunately since the building was built in the 1970s, it's modern looking, and doesn't have marble columns or features that obviously make it look like it's something from the government. Normally in these circumstances I just resubmit, but the photo has been rejected three times in a row for the same reason.

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Author Topic: Do I Need A Property Release Here? (Read 4307 times)

PigsInSpace

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alno

unnonimus

PigsInSpace

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