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Full Version: Photography and the Law - what can you shoot and sell?
OpenSourcePhoto > Digital Photography > Misc. Photo Question
SamTheMan
Hi OSP!

Happy Monday! I hope everyone had a great weekend.

Does anyone have a resource/book/website/lawyer/anything that they can refer? wacko.gif I have several images of the parts of a local sculture in a park that, with a little PS work, are now abstract images that I'd like to sell.

What is the law regarding the selling of your images when you photograph national monuments, statures in public parks, public parks (landscapes), etc?

If you need an example let me know and I'll post one. As always, THANK YOU for you help and I look forward to reading your responses. wub.gif
Jules
QUOTE(SamTheMan @ June 23 2008, 08:27 AM) *
Hi OSP!

Happy Monday! I hope everyone had a great weekend.

Does anyone have a resource/book/website/lawyer/anything that they can refer? wacko.gif I have several images of the parts of a local sculture in a park that, with a little PS work, are now abstract images that I'd like to sell.

What is the law regarding the selling of your images when you photograph national monuments, statures in public parks, public parks (landscapes), etc?

If you need an example let me know and I'll post one. As always, THANK YOU for you help and I look forward to reading your responses. wub.gif



Hey Sam!!
Haven't seen you on here in like forever (could be me though cuz I'm not on very much these days either).

NICE AVATAR!!!

Ok, somebody else help Sam with his question cuz I don't know. I just wanted to say hi.

smile.gif
SamTheMan
LOL - hey Jules, I haven't been on in awhile but it is great to hear from you. Really cool avatar yourself there my friend. Is that a D3 around your neck (drool, drool)?

QUOTE(Jules @ June 23 2008, 11:36 AM) *
Hey Sam!!
Haven't seen you on here in like forever (could be me though cuz I'm not on very much these days either).

NICE AVATAR!!!

Ok, somebody else help Sam with his question cuz I don't know. I just wanted to say hi.

smile.gif

Jules
QUOTE(SamTheMan @ June 23 2008, 08:44 AM) *
LOL - hey Jules, I haven't been on in awhile but it is great to hear from you. Really cool avatar yourself there my friend. Is that a D3 around your neck (drool, drool)?


Yeah, and I can't for the life of me figure out how the word "Nikon" is backwards but "D3" isn't.
-Daniel
I'm no lawyer but I would have to think if it's in public and out in the open, it's fair game to photograph and sell. Think what the paparazzi get away with...
Bellissima
the best suggestion i have is to contact the ppa.

there are works of art that may be photographed, but the images may not be sold for money.
some buildings have an architectural copyright (like the chrysler building, for example) and you may not photograph them - interesting, huh? and works of art also have the copyright of the artist.

just because something is in public doesn't mean it's 'free reign' on what you may do with images of it.

PPA is the best bet.
smile.gif

Ryan Mc.
It depends on what kind of "sell" you mean.
If you are talking stock or commercial stuff then you need to check into property releases etc.
If editorial you may or may not need property releases depending on where it is and what for.
If it is for fine art stuff sell away w00t.gif .

Let us know how you are wanting to sell it and then I will try to dig up some resources for you.


(Robin posted while I was. Her advice is probably the soundest)
Paul@lauraeatonphoto
QUOTE(Jules @ June 23 2008, 12:46 PM) *
Yeah, and I can't for the life of me figure out how the word "Nikon" is backwards but "D3" isn't.


It's not backwards it's inverted so the D and the 3 are the same either way.. If it said mom it would be wow.
Jules
QUOTE(Paul@lauraeatonphoto @ June 23 2008, 10:41 AM) *
It's not backwards it's inverted so the D and the 3 are the same either way.. If it said mom it would be wow.


I still don't get it. My blonde gene is really kicking in on this one.
Paul@lauraeatonphoto
QUOTE(Jules @ June 23 2008, 03:08 PM) *
I still don't get it. My blonde gene is really kicking in on this one.


Write Nikon D3 on something clear... flip it over and voila'
Bellissima
QUOTE(Jules @ June 23 2008, 03:08 PM) *
I still don't get it. My blonde gene is really kicking in on this one.



it's upside down, not backward

smile.gif
SamTheMan
Thanks everyone, I'm at work but will respond in more detail later.
Re: examples - although these are not the best examples but I want to sell prints of stuff like this:

http://www.flickr.com/photos/samtheman/2603000384/
http://www.flickr.com/photos/samtheman/2577401403/
http://www.flickr.com/photos/samtheman/2555153476/
http://www.flickr.com/photos/samtheman/2554318167/

Oh, and on a somewhat related note - what is the law surrounding photographing the homeless? Not so much for sale but for gallery display and/or book/photo essay?

QUOTE(Ryan Mc. @ June 23 2008, 12:39 PM) *
It depends on what kind of "sell" you mean.
If you are talking stock or commercial stuff then you need to check into property releases etc.
If editorial you may or may not need property releases depending on where it is and what for.
If it is for fine art stuff sell away w00t.gif .

Let us know how you are wanting to sell it and then I will try to dig up some resources for you.
(Robin posted while I was. Her advice is probably the soundest)

Greg Lloyd
Ohh...Ohh... I love Millennium Park!! To bad I only get to visit Chicago two times a year...boo! But, I will be there in July!!
Jules
QUOTE(Paul@lauraeatonphoto @ June 23 2008, 11:11 AM) *
Write Nikon D3 on something clear... flip it over and voila'
I tried that and it's just backwards, doesn't look at all like the negative version in my avatar. MY BRAIN HURTS.
QUOTE(Bellissima @ June 23 2008, 12:05 PM) *
it's upside down, not backward:)
But it's not upside down -- it's negative.So why would Nikon be negative but D3 isn't? I swear I'm not getting it.
Ryan Mc.
QUOTE(SamTheMan @ June 23 2008, 01:13 PM) *
Thanks everyone, I'm at work but will respond in more detail later.
Re: examples - although these are not the best examples but I want to sell prints of stuff like this:

http://www.flickr.com/photos/samtheman/2603000384/
http://www.flickr.com/photos/samtheman/2577401403/
http://www.flickr.com/photos/samtheman/2555153476/
http://www.flickr.com/photos/samtheman/2554318167/

Oh, and on a somewhat related note - what is the law surrounding photographing the homeless? Not so much for sale but for gallery display and/or book/photo essay?



Some nice stuff there thumbsup.gif

I will try to get some resource links for you tomorrow on the legal stuff on selling fine art. (I just got in and am beat for today).
Meredith Williams
QUOTE(Jules @ June 23 2008, 08:53 PM) *
I tried that and it's just backwards, doesn't look at all like the negative version in my avatar. MY BRAIN HURTS.But it's not upside down -- it's negative.So why would Nikon be negative but D3 isn't? I swear I'm not getting it.


this is so off topic, but funny... ok... your whole strap is upside down in the picture... look at the "i" in Nikon...

so, yeah, you need to write Nikon D3 on a piece of paper, flip it upside down and then flip the paper over and hold it up to a light. smile.gif
Ryan Mc.
http://www.danheller.com/model-release.html
http://www.danheller.com/biz-trademarks
http://www.photoattorney.com/2006/03/edito...tograph-is.html
http://www.photoattorney.com/2006/01/trade...hotographs.html
http://www.asmp.org/commerce/legal/releases/
http://www.publaw.com/photo.html
http://www.asmp.org/commerce/legal/releases/FAQ1.php

Here is a few links for you to read through. Some of them deal with model releases instead of property releases but I felt like they had some pertaining info in them. I know that everything I have read in the past appears that releases are not as necessary to have for fine art prints as for commercial work. But as Robin said contact PPA if you have any questions on this.
Hope this helps camera.gif
mattcam
QUOTE(Meredith Williams @ June 24 2008, 12:42 AM) *
so, yeah, you need to write Nikon D3 on a piece of paper, flip it upside down and then flip the paper over and hold it up to a light. smile.gif

How about a visual aid for our poor, blonde Jules?

Jules
QUOTE(mattcam @ June 24 2008, 10:54 AM) *
How about a visual aid for our poor, blonde Jules?



Ok, but, uh, WHY is it like that?

Hey Sam, just your friendly thread-jacker here.
shelby
QUOTE(Jules @ June 23 2008, 12:46 PM) *
Yeah, and I can't for the life of me figure out how the word "Nikon" is backwards but "D3" isn't.


whoa i just noticed that. that IS strange.

sorry sam can't help you out either.

ETA: i just saw everyone else's comments now, I guess I'm not that bright either.
SamTheMan
QUOTE(shelby @ June 25 2008, 09:46 AM) *
whoa i just noticed that. that IS strange.

sorry sam can't help you out either.

ETA: i just saw everyone else's comments now, I guess I'm not that bright either.


LOL - thanks Shelby, it's the thought that counts. tongue.gif
Paul@lauraeatonphoto
ok I'm gonna sesame street this for all of you.

step one: acquire an empty cd jewel case.. old style like your 90's music came in

step two: find a sharpie

step 3: with the jewel case closed write Nikon D3 on the clear front like where you would see the CD insert if it were closed.

step 4: open the case and look at what you wrote from the other side.

step 5: go "DOH" and buy me a drink!
Jules
QUOTE(Paul@lauraeatonphoto @ June 25 2008, 10:27 AM) *
ok I'm gonna sesame street this for all of you.

step one: acquire an empty cd jewel case.. old style like your 90's music came in

step two: find a sharpie

step 3: with the jewel case closed write Nikon D3 on the clear front like where you would see the CD insert if it were closed.

step 4: open the case and look at what you wrote from the other side.

step 5: go "DOH" and buy me a drink!



bigbighug.gif

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That's it. I'm changing my dang avatar.
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