I've been having some luck lately selling my photos of local sights, and I'd like to expand it a bit.
I know you need a person's permission to use their image for commercial puposes, but I'm wondering if I need the owner's permission if I want to photograph a building. (eg. local barn series).
Does anyone know where I can find an answer to this?
posted on April 24, 2001 08:43:52 PM new
You'll need to get moodel releases from any cows in bovine barn photos, but it's ok to photograph the barn if you're not trespassing.
posted on April 24, 2001 10:17:13 PM new
When I took photography in college I was told that if you take the picture from a public place ( roadway, sidewalk ,public beach or whatever) or from someones property who has given you permission it's perfectly legal.
They can only object if the photo was taken FROM thier property not OF thier property.
posted on April 25, 2001 02:57:32 AM new
And even a person is OK in a photo if they are not recognizable - for example you fly over a stadium and shoot the whole crowd but it can not resolve a face enough to ID anyone.
posted on April 25, 2001 02:59:16 AM new
You just made me connect thoughts - how can they use survielance cameras to ID people at a public event without getting a release for the use?
posted on April 25, 2001 07:15:00 AM newThey can only object if the photo was taken FROM thier property not OF thier property.
Maybe, maybe not. You can be sued for just about anything, and it doesn't appear that there are clear cut definfitions with regards to the necessity of property releases.
The most well-known property infringement claim stemming from unauthorized use of a photograph was New York World's Fair v. Color Picture Publications Inc. (1964). In that case, the publisher distributed postcards and other merchandise using the "Unisphere" building at the World's Fair, after being denied an exclusive license to do so. The court ruled for the plaintiff, saying, "In our opinion, a photograph of a unique building, structure or object situated within the World's Fair grounds, to which an admission fee is charged, is a photograph of a show in which plaintiff has a property right."
Owners of several famous buildings, including New York's Chrysler Building and the Guggenheim Museum guard against commercial uses of photos of their properties with threats of claims under trademark law. And when owners of the Pebble Beach Country Club see a picture of their famous Lone Cypress Tree-yes, a tree!--in a commercial context, they also threaten to sue under trademark law.
